Z K M V. REPUBLIC

JUDGMENT OF THE COURT

E A C (PW 4) and S N (PW 2) were friends sometimes before 1991. In January, 1991 out of their friendship, the deceased, M N, was born out of wedlock. Later either in 1992 or 1993, the two were married but that marriage ended after only three years of cohabitation. During that period of cohabitation, the two lived at Dandora neighbouring the house of C A O (PW 1) (to whom we shall hereinafter refer as “Catherine”). There developed family friendship between the family of Smirnoff and that of Catherine. On the separation of Eddy and Smirnoff, the child (deceased) was taken by the mother who had her custody for sometime but that was only for the time the father of Smirnoff still lived. After the death of her father, Eddy took the deceased and lived with her while Smirnoff continued with her life at Zimmerman in Nairobi. In 1999, Eddy married the appellant, Z K M (to whom we shall hereinafter refer as “Zipporah”). They lived at Dandora still as neighbours of Catherine.…