JUDGMENT OF THE COURT
The appellant, Reuben Matiro Mbilishe was charged jointly with his wife, Christine Mkamburi Kalutu with the murder of Philip Nyayo Asibo, the deceased, on 10th October, 2007 at Singila-Majengo Village, Mwatate in Taita Taveta County. Their trial in the High Court culminated with the acquittal of the appellant’s wife under section 306 while he was convicted, the court holding that the circumstantial evidence upon which the case turned pointed to the appellant as the person who inflicted the fatal injuries on the deceased. The learned Judge (Odero, J.) further concluded from evidence that malice aforethought was established. She said;
“I am satisfied that the facts of this case reveal malice aforethought as described by S. 206(b). The 1st accused was clearly aware that hitting the deceased on the head with a jembe would at the very least cause grievous harm and at the worst would lead to the death of the deceased. The actions of the 1st accused were reckless and irre…