WESTON WANJE WEPUKHULU V. REPUBLIC

JUDGMENT OF THE COURT

The decomposed body of the deceased was found in a farm belonging to Francis Wafula Mang’aya PW3 in Soroka, Tana River County on 7^th February, 2011. The deceased was a resident of Soroka and was well known in the village. Although the body had undergone putrefaction some of the villagers were nonetheless able to identify it as that of Mbeto Mbwana Changoma, a 26 years old single man, also known in the village as “Mulamu”. He lived and worked in a farm belonging to John Kamangala Mpya, PW6. The body which appeared to have been in the farm for several days had been partly eaten by wild animals. The area was said to be infested by wild animals, such as hyenas, lions and others.

It was suspected that the deceased had a love affair with the estranged wife of the appellant of 13 years. The former after separating with the latter moved to live with her brother PW3 who, as we have pointed out, was the owner of the farm where the body of the deceased was found. It was alleg…