RUTH WANJIRU MAINA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was tried by the superior court with aid of assessors on three counts of murder contrary to Section 203 as read with Section 204 of the Penal Code.

The Information alleged that on 2^nd January, 2005 at Mugaa village, Miti Mingi, Nakuru the appellant murdered P.K, F.K and V.N respectively. The appellant was convicted after trial and sentenced to death hence the present appeal.

The prosecution called five witnesses, namely, James Maina Mwangi (PW1), the husband of the appellant (James); Lucia Waithera Mwangi (PW2) (Lucia); a neighbour, Maria Wanjiku Kegwee (PW3) (Maria)the mother of James and the mother-in-law of the appellant. Dr. Paul Gachunga (PW4) the pathologist who performed the postmortem; Cpl. Peter Tere (Cpl. Peter), (PW5) who investigated the case. The appellant on her part gave sworn evidence and called her brother Peter Kariuki Chege (Chege), (DW2) as a witness.

The following facts emerge from the entire evidence. The appellant’s parents and he…