Z K V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Z K was arraigned in the High Court of Kenya at Meru on the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on the 7th day of September, 2007 at [particulars withheld] Village, [particulars withheld] Sub-location, Nkomo Location in Meru North District of the Eastern Province she murdered C K (deceased).

The appellant denied the offence prompting a trial in which the prosecution called six (6) witnesses in support of their case. These were A K PW1, (A); P G PW2, (P); Martha Atuma PW3, (Martha); Catherine Kawira PW4, (Catherine); Gedion Mukaba PW5 (Gedion) and PC Justus Wambua (PC Justus).

The brief facts of the case are that the deceased was a sister to P who was grandmother to A and mother to the appellant. On the material date, A woke up at around 6.00 am and headed for the toilet. On his way back he heard screams about fifty (50) meters away. He alerted P who was allegedly…