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1. The accused person is charged with murder, contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars are that on the 25th day of October 2020 at Makutano Village, Nthongoni location Kibwezi East sub-county within Makueni County he murdered Jacqueline Mueni Musau.
2. The plea was taken on 27th February 2021 before the Hon. G. Dulu Judge where he pleaded not guilty. The matter proceeded before the Hon Judge who took the evidence of 5 witnesses.
3. The prosecution called 9 witnesses who included the accused person’s daughter who was PW1, his sister, who was PW2, PW3 a young man who was herding livestock nearby about 10 metres away , heard screams and saw the accused person running from the scene, PW4 Anthony Mwongela Musau, brother to the deceased who was called and told that his sister had been attacked and PW5 who was the Government analyst.
4. PW4 testified that he rushed to the scene and organized for transport to take her to hospital because he found her lying down with injuries to her hand. He said a panga was taken from the scene and given to the pastor. They took her to hospital, but upon arrival, they were told that she had already died. On cross examination, he said that he knew his sister and the husband to be a happy couple. He did not have any information of any violence in the family. He was aware that one time his sister took a cow to the home of Joseph Masila, another of his brothers.
5. PW5 also testified as PW7 Irene Furaha Mwaringa, the government analyst from the government chemist Mombasa the government analyst testified that they received from Number 113502. PC. Eric Ogego exhibit memo with the following exhibits. A panga with bloodstains and blood sample in a vacutainer tube in the name of Jacqueline Musau. She testified that she analyzed the blood obtained from the bloodstained panga and the blood samples from the deceased Jacqueline Musau for DNA. Upon analysis, the bloodstains on the panga generated female DNA profile, which matched the DNA profile from the blood sample of Jackline Musau the deceased She produced the report as P exhibit 2.
6. PW1 was a minor Irene Ntheu Musembi aged 14 at the time of the trial. She told a court that she was the eldest of the 4 children of the deceased and the accused. She told the court that on the 25th of October, 2020 her mother was stabbed by her father. She said she was not present when it happened, but that it happened on the road at about 5pm.
7. She said that on that day she and her four sisters they had gone to church with their uncle, Joshua.
8. When they came back home , she went and brought vegetables from the neighbour. She took the vegetables home. At home their father gave she and her sisters eight photos, each of them two. They were photos of himself. He then left carrying a panga from the house. She said she followed him to where her mother was, on the road and she found that her mother was dead. There was no other person around. She said the panga was taken from her grandmother’s house. She identified the panga in court.
9. She said she followed her father about 40 meters from behind. She said her mother’s body was about 30 minutes’ walk from home. She screamed when she saw her mother’s body and people came. She did not meet her father at a scene because he had run away. She did not know where he had gone to. She said her mother was working for one Christine Wayua. That at home there was no problem. They were well provided for.
10. On cross examination, she told the court that on that day there her parents had not disagreed, but her mother had gone to her parents’ home more than once. She said she loved her father and wanted him to come back home. She told the court she did not see him stab the mother. On reexamination she told the court that at 30 meters away she saw her father cut the hand and neck of her mother. She said she did not say anything.
11. It was evident from their record that the child had difficulties giving this testimony. She kept stopping and looking down and taking pauses. What I can deduce from this is that there had been no psycho- social support for the child prior to the testimony.
12. PW2. Anastasia Katunga, a 16-year-old was in form two at the material time and . she told the court that on the 25th of October, she left the market at 2:00 PM.and went home where her brother, the accused Johnstone Musembi Wambua sent her to the cybershop, which was 30 minutes away. On her way back home, she heard screams. She found that the wife of her brother had been cut on the right-hand and left-hand finger and neck. She was alive, but only crying when she arrived. There were many people, and the people took her to hospital. She was told to take her siblings to the home of Christine. She did not see the person who cut the deceased, but the following day she heard that her brother had been arrested. She identified her brother in court by pointing at him. And on cross examination, she said when she heard screams, she went to where her brother’s wife was. That is Jacqueline but she did not know who the culprit was. She said she was aware that the accused and his wife had separated and then come back together. She said that she recorded in her statement that her brother tried to commit suicide by drinking chemicals, but she did not know whether he had been taken to hospital. She said that he was their first born and they still loved him and they wanted him to come back home. She said that she they were now living with the Accused’s children.
13. Dr Jacks Nthanga Was PW9 and he produced the postmortem report. According to the report, the deceased had a history of assault by her husband. He found that she had deep cut wounds on left forearm, 15x 4 centimeters deep, cutting the left radial bone , Deep cut wound, posterior, right forearm, 14 x 4 centimeters deep, cutting the right radial ulna bones, Deep cut wound on the right hand between the thumb and index finger. Deep cut wound on the right head, temporal bone exposing the brain matter compound fracture of occipital bone 15x1 centimeter deep.
14. On internal examination, he found that the fractures on the head injury had exposed the brain matter and as a result, he formed the opinion that the cause of death was severe head injury with other multiple injuries and produced the postmortem as P EX 4.
15. PW8 was number 78854 CPL Hannahfil Hamza.
16. He was the investigating officer in the matter. On the 26th of October, 2020 he was called by the OCS Mtito Andei police station, chief Inspector Nyakako who tasked him to investigate the matter which had been reported on 25/10/2020. He went to the scene with his colleague one. C. Ogetto. On a pathway they found a blood spat covered with sand. They learnt that one Johnstone Musembi had slashed his wife, Mrs. Jacqueline Musau, with a panga . They also got information that the suspect had tried to commit suicide, but was taken to hospital. They learned that he was admitted at Kibwezi Hospital, where they proceeded and arrested him. He was discharged on 27th of October 2020 and escorted him to Mtito Andei police station where they processed him. They were later handed over a blood-stained panga by one Sergeant Abraham Kering.
17. The postmortem was conducted on 2nd of November. 2020 He took some blood sample from the body and later took the blood samples and the panga to the government analyst for analysis. He produced the exhibit memo and the panga. He had the accused person chat with this offense.
18. On cross-examination, he said he took the blood sample and the panga to the government chemist. He said there was blood at the scene which was covered with sand, and that he could not take photos because the scene had been disturbed.
19. PW6 Corporal Kefa Wangila was previously at Nthongoni police station and on the 25th of October 2020 while at the police station some people into the police station and told him that there was a woman who had been seriously assaulted by the husband . He went to see her. She was in a motor vehicle and bleeding profusely. She had very many cuts all over the body on their face. It was a shocking sight even for him. He took details of the phone numbers of those who brought her and advised that they take her to the hospital. One of the reportees was Anthony Mwongela. He rang the OCS Mtito Andei. He also informed his in in charge and booked the report in the OB. He still could recall it was OB number seven of 25th October 2020. Later he learnt that she passed on. He said the incident made him very sad. He was saddened by the way she had been assaulted.
20. On cross examination, he said that people came to the police post at 17 30 hrs. He said his in charge, was not around. He was told by those who brought her that he had been assaulted by her husband.
21. PW and. 4 Antony Mwongela Musau Testified that he was about arrived and on 25th of October. 2020 he was phoned at 4:00 PM by a neighbor who told him to go to Christine’s place as his sister had been attacked. He went there and he saw his sister lying down on the ground She could not talk, but was alive. He tried to organize transport to take her to hospital. A panga was also taken from the scene and given to the pastor who was around. They took her to hospital on the way they passed by Nthongoni Police Post, where they reported the matter, but on arrival at the hospital, they were told that she was already dead. They took the body to Kiundwani mortuary.
22. On cross examination, he told the court that the deceased was his sister and he was just found that she was she had been attacked. He said that his sister had earlier told him that they had problems with the husband. That her husband had become a drunkard, and he was not providing food. He was aware that his sister at one time took a cow to their brother, one Joseph Masila.
23. PW3 James Kimondo Muteti was a student at K Secondary School in Form One at the time he testified He said he was 17 years old and that on the 25th of October 2020 he was herding livestock near his home when he heard screams and ran to where the screams were. It was about 10 meters away, it was Nduku who was screaming. He found that Musembi had cut her. He was not the first one to arrive. Some other young men had already arrived there. He said she was cut on the head and the hands were said there were very many people. He said they were not related but he was a neighbor. He said she knew that Musembi as the culprit because he saw him running away. He said he saw him running downhill. He did not know where he was arrested from. On cross examination he said he was a neighbor of the family of Nduku and he was herding livestock on arrival at the scene the accused had run away. He did not see him cut the deceased. He was not aware of any disagreement in their family.
24. The prosecution closed its case and the accused was put on his defence.
25. They accused person made a sworn statement and told the court that before his arrest, he was a mason. He said he was aware he had been charged with the murder of Jacqueline Musau, his wife and that he told the I.O what had happened. He said they had lived together for 14 years, and they had four children at the material time.
26. He testified that in 2019 his wife began to change. She was misusing the family properties taking to her family . That she was using their family wealth with her brothers. He said that in 2020 she took two head of cattle, seven goats to her brother. He asked her and even went to her brother and he was told that as per the Constitution of Kenya, his property was her property and she could use it the way she wanted. He said as a result he did not do anything. He remained calm and he left those there.
27. In August 2020 he had made some bricks for the for his construction . He said his wife came and took them and decided to give them to her brother. He said he objected and told her she would not give those bricks out. He said a struggle ensued a bit and they pushed each other that on the 11th of September 2020 they even appeared before the chief over the issue of the bricks which they resolved and she was told to not to interfere with the bricks because they belonged to both of them.
28. On 25th of October 2020 they woke up as usual they took tea and each went to their own shughulis. He went home about from his at around 3:00 PM. He needed to fence part of the Shamba. He prepared himself to fence. On the way he passed by where the bricks were and found that half of them were missing. He went where his wife was and asked her why matofali nusu haiko.( why half of the bricks were missing) He said they started to exchange words because she responded to him harshly. Tukaanza kurushiana cheche za maneno. Nilikua mlevi kidogo hasira ilinipanda of which all of a sudden, he found he had done whatever was out of his expectation in his life. He said he cut his wife out of anger.
29. DW2 Joshua Wambua the younger brother of the accused, told the court that after what happened, the two families sat down to seek for forgiveness and any other thing they could do as families. He said that they forgave each other. He said that accused and his wife were good friends but in 2020 they had quarrels over a period of months. Then the incident happened. He said he visited the accused in remand and he told him he found himself really angry and hurt his wife, he said the way they spoke, he felt that he was remorseful. The accused and the deceased had four children and the children were at home .
30. The defence closed its case.
31. The only issue is whether the prosecution has proved its case beyond a reasonable doubt.
32. The ingredients of murder were set out in Anthony Ndegwa Ngari v Republic [2014] KECA 424 (KLR). The Court stated;
For the offence of murder, there are three elements which the prosecution must prove beyond reasonable doubt in order to secure a conviction. They are:
(a) the death of the deceased and the cause of that death;
(b) that the accused committed the unlawful act which caused the death of the deceased and
(c) that the Accused had the malice aforethought. (See Nyambura & Others-vs-Republic, [2001] KLR 355).
33. From the evidence on record the deceased was cut with a panga severally. The accused person was seen leaving home with a panga and leaving the scene after the screams from the deceased were heard. He also admitted to having committed the offence out of anger.
34. The deceased had panga cuts all over her body and the pathologist established the cause of death to be as a result of the said injuries. The accused admitted that he is the one who caused the wife those injuries.
35. Section 206 of the Penal Code provides instances when malice aforethought is established. It states:
“Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances: -
i. An intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not;
ii. Knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether that person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused;
iii. An intent to commit a felony;
iv. An intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony.”
36. In this case the accused inflicted several panga cuts cut the head breaking the skull, cut the hands as the deceased was defending herself breaking her arm bones. That in itself establishes malice aforethought. The weapon and the type of injuries inflicted were intended to cause grievous harm and the victim died.
37. The accused’s defence has come 5 years after the offence was committed. He had a long time to think about what he had to say. He evens stated that that is the same thing he told the I.O upon his arrest.
38. His defence is that his wife provoked him by selling his bricks and mis -using the family wealth. However, it is clearly evident that she was unarmed. And other than the cheche za maneno, ( fiery heated of exchange of words) he did not say that she did anything physically violent to warrant the vicious attack he rained on her.
39. In the circumstances , I find that the charge of murder c/s 203 as read with s. 204 of the Penal Code is proved as admitted by the accused person, beyond a reasonable doubt, and convict him accordingly.
Dated signed and delivered virtually this 21st August 2025
Mumbua T Matheka
Judge
CA Mwiwa
Mr. Hassan for accused
Ms. Otulo for the state.
Accused present
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1. The accused person is charged with murder, contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars are that on the 25th day of October 2020 at Makutano Village, Nthongoni location Kibwezi East sub-county within Makueni County he murdered Jacqueline Mueni Musau.
2. The plea was taken on 27th February 2021 before the Hon. G. Dulu Judge where he pleaded not guilty. The matter proceeded before the Hon Judge who took the evidence of 5 witnesses.
3. The prosecution called 9 witnesses who included the accused person’s daughter who was PW1, his sister, who was PW2, PW3 a young man who was herding livestock nearby about 10 metres away , heard screams and saw the accused person running from the scene, PW4 Anthony Mwongela Musau, brother to the deceased who was called and told that his sister had been attacked and PW5 who was the Government analyst.
4. PW4 testified that he rushed to the scene and organized for transport to take her to hospital because he found her lying down with injuries to her hand. He said a panga was taken from the scene and given to the pastor. They took her to hospital, but upon arrival, they were told that she had already died. On cross examination, he said that he knew his sister and the husband to be a happy couple. He did not have any information of any violence in the family. He was aware that one time his sister took a cow to the home of Joseph Masila, another of his brothers.
5. PW5 also testified as PW7 Irene Furaha Mwaringa, the government analyst from the government chemist Mombasa the government analyst testified that they received from Number 113502. PC. Eric Ogego exhibit memo with the following exhibits. A panga with bloodstains and blood sample in a vacutainer tube in the name of Jacqueline Musau. She testified that she analyzed the blood obtained from the bloodstained panga and the blood samples from the deceased Jacqueline Musau for DNA. Upon analysis, the bloodstains on the panga generated female DNA profile, which matched the DNA profile from the blood sample of Jackline Musau the deceased She produced the report as P exhibit 2.
6. PW1 was a minor Irene Ntheu Musembi aged 14 at the time of the trial. She told a court that she was the eldest of the 4 children of the deceased and the accused. She told the court that on the 25th of October, 2020 her mother was stabbed by her father. She said she was not present when it happened, but that it happened on the road at about 5pm.
7. She said that on that day she and her four sisters they had gone to church with their uncle, Joshua.
8. When they came back home , she went and brought vegetables from the neighbour. She took the vegetables home. At home their father gave she and her sisters eight photos, each of them two. They were photos of himself. He then left carrying a panga from the house. She said she followed him to where her mother was, on the road and she found that her mother was dead. There was no other person around. She said the panga was taken from her grandmother’s house. She identified the panga in court.
9. She said she followed her father about 40 meters from behind. She said her mother’s body was about 30 minutes’ walk from home. She screamed when she saw her mother’s body and people came. She did not meet her father at a scene because he had run away. She did not know where he had gone to. She said her mother was working for one Christine Wayua. That at home there was no problem. They were well provided for.
10. On cross examination, she told the court that on that day there her parents had not disagreed, but her mother had gone to her parents’ home more than once. She said she loved her father and wanted him to come back home. She told the court she did not see him stab the mother. On reexamination she told the court that at 30 meters away she saw her father cut the hand and neck of her mother. She said she did not say anything.
11. It was evident from their record that the child had difficulties giving this testimony. She kept stopping and looking down and taking pauses. What I can deduce from this is that there had been no psycho- social support for the child prior to the testimony.
12. PW2. Anastasia Katunga, a 16-year-old was in form two at the material time and . she told the court that on the 25th of October, she left the market at 2:00 PM.and went home where her brother, the accused Johnstone Musembi Wambua sent her to the cybershop, which was 30 minutes away. On her way back home, she heard screams. She found that the wife of her brother had been cut on the right-hand and left-hand finger and neck. She was alive, but only crying when she arrived. There were many people, and the people took her to hospital. She was told to take her siblings to the home of Christine. She did not see the person who cut the deceased, but the following day she heard that her brother had been arrested. She identified her brother in court by pointing at him. And on cross examination, she said when she heard screams, she went to where her brother’s wife was. That is Jacqueline but she did not know who the culprit was. She said she was aware that the accused and his wife had separated and then come back together. She said that she recorded in her statement that her brother tried to commit suicide by drinking chemicals, but she did not know whether he had been taken to hospital. She said that he was their first born and they still loved him and they wanted him to come back home. She said that she they were now living with the Accused’s children.
13. Dr Jacks Nthanga Was PW9 and he produced the postmortem report. According to the report, the deceased had a history of assault by her husband. He found that she had deep cut wounds on left forearm, 15x 4 centimeters deep, cutting the left radial bone , Deep cut wound, posterior, right forearm, 14 x 4 centimeters deep, cutting the right radial ulna bones, Deep cut wound on the right hand between the thumb and index finger. Deep cut wound on the right head, temporal bone exposing the brain matter compound fracture of occipital bone 15x1 centimeter deep.
14. On internal examination, he found that the fractures on the head injury had exposed the brain matter and as a result, he formed the opinion that the cause of death was severe head injury with other multiple injuries and produced the postmortem as P EX 4.
15. PW8 was number 78854 CPL Hannahfil Hamza.
16. He was the investigating officer in the matter. On the 26th of October, 2020 he was called by the OCS Mtito Andei police station, chief Inspector Nyakako who tasked him to investigate the matter which had been reported on 25/10/2020. He went to the scene with his colleague one. C. Ogetto. On a pathway they found a blood spat covered with sand. They learnt that one Johnstone Musembi had slashed his wife, Mrs. Jacqueline Musau, with a panga . They also got information that the suspect had tried to commit suicide, but was taken to hospital. They learned that he was admitted at Kibwezi Hospital, where they proceeded and arrested him. He was discharged on 27th of October 2020 and escorted him to Mtito Andei police station where they processed him. They were later handed over a blood-stained panga by one Sergeant Abraham Kering.
17. The postmortem was conducted on 2nd of November. 2020 He took some blood sample from the body and later took the blood samples and the panga to the government analyst for analysis. He produced the exhibit memo and the panga. He had the accused person chat with this offense.
18. On cross-examination, he said he took the blood sample and the panga to the government chemist. He said there was blood at the scene which was covered with sand, and that he could not take photos because the scene had been disturbed.
19. PW6 Corporal Kefa Wangila was previously at Nthongoni police station and on the 25th of October 2020 while at the police station some people into the police station and told him that there was a woman who had been seriously assaulted by the husband . He went to see her. She was in a motor vehicle and bleeding profusely. She had very many cuts all over the body on their face. It was a shocking sight even for him. He took details of the phone numbers of those who brought her and advised that they take her to the hospital. One of the reportees was Anthony Mwongela. He rang the OCS Mtito Andei. He also informed his in in charge and booked the report in the OB. He still could recall it was OB number seven of 25th October 2020. Later he learnt that she passed on. He said the incident made him very sad. He was saddened by the way she had been assaulted.
20. On cross examination, he said that people came to the police post at 17 30 hrs. He said his in charge, was not around. He was told by those who brought her that he had been assaulted by her husband.
21. PW and. 4 Antony Mwongela Musau Testified that he was about arrived and on 25th of October. 2020 he was phoned at 4:00 PM by a neighbor who told him to go to Christine’s place as his sister had been attacked. He went there and he saw his sister lying down on the ground She could not talk, but was alive. He tried to organize transport to take her to hospital. A panga was also taken from the scene and given to the pastor who was around. They took her to hospital on the way they passed by Nthongoni Police Post, where they reported the matter, but on arrival at the hospital, they were told that she was already dead. They took the body to Kiundwani mortuary.
22. On cross examination, he told the court that the deceased was his sister and he was just found that she was she had been attacked. He said that his sister had earlier told him that they had problems with the husband. That her husband had become a drunkard, and he was not providing food. He was aware that his sister at one time took a cow to their brother, one Joseph Masila.
23. PW3 James Kimondo Muteti was a student at K Secondary School in Form One at the time he testified He said he was 17 years old and that on the 25th of October 2020 he was herding livestock near his home when he heard screams and ran to where the screams were. It was about 10 meters away, it was Nduku who was screaming. He found that Musembi had cut her. He was not the first one to arrive. Some other young men had already arrived there. He said she was cut on the head and the hands were said there were very many people. He said they were not related but he was a neighbor. He said she knew that Musembi as the culprit because he saw him running away. He said he saw him running downhill. He did not know where he was arrested from. On cross examination he said he was a neighbor of the family of Nduku and he was herding livestock on arrival at the scene the accused had run away. He did not see him cut the deceased. He was not aware of any disagreement in their family.
24. The prosecution closed its case and the accused was put on his defence.
25. They accused person made a sworn statement and told the court that before his arrest, he was a mason. He said he was aware he had been charged with the murder of Jacqueline Musau, his wife and that he told the I.O what had happened. He said they had lived together for 14 years, and they had four children at the material time.
26. He testified that in 2019 his wife began to change. She was misusing the family properties taking to her family . That she was using their family wealth with her brothers. He said that in 2020 she took two head of cattle, seven goats to her brother. He asked her and even went to her brother and he was told that as per the Constitution of Kenya, his property was her property and she could use it the way she wanted. He said as a result he did not do anything. He remained calm and he left those there.
27. In August 2020 he had made some bricks for the for his construction . He said his wife came and took them and decided to give them to her brother. He said he objected and told her she would not give those bricks out. He said a struggle ensued a bit and they pushed each other that on the 11th of September 2020 they even appeared before the chief over the issue of the bricks which they resolved and she was told to not to interfere with the bricks because they belonged to both of them.
28. On 25th of October 2020 they woke up as usual they took tea and each went to their own shughulis. He went home about from his at around 3:00 PM. He needed to fence part of the Shamba. He prepared himself to fence. On the way he passed by where the bricks were and found that half of them were missing. He went where his wife was and asked her why matofali nusu haiko.( why half of the bricks were missing) He said they started to exchange words because she responded to him harshly. Tukaanza kurushiana cheche za maneno. Nilikua mlevi kidogo hasira ilinipanda of which all of a sudden, he found he had done whatever was out of his expectation in his life. He said he cut his wife out of anger.
29. DW2 Joshua Wambua the younger brother of the accused, told the court that after what happened, the two families sat down to seek for forgiveness and any other thing they could do as families. He said that they forgave each other. He said that accused and his wife were good friends but in 2020 they had quarrels over a period of months. Then the incident happened. He said he visited the accused in remand and he told him he found himself really angry and hurt his wife, he said the way they spoke, he felt that he was remorseful. The accused and the deceased had four children and the children were at home .
30. The defence closed its case.
31. The only issue is whether the prosecution has proved its case beyond a reasonable doubt.
32. The ingredients of murder were set out in Anthony Ndegwa Ngari v Republic [2014] KECA 424 (KLR). The Court stated;
For the offence of murder, there are three elements which the prosecution must prove beyond reasonable doubt in order to secure a conviction. They are:
(a) the death of the deceased and the cause of that death;
(b) that the accused committed the unlawful act which caused the death of the deceased and
(c) that the Accused had the malice aforethought. (See Nyambura & Others-vs-Republic, [2001] KLR 355).
33. From the evidence on record the deceased was cut with a panga severally. The accused person was seen leaving home with a panga and leaving the scene after the screams from the deceased were heard. He also admitted to having committed the offence out of anger.
34. The deceased had panga cuts all over her body and the pathologist established the cause of death to be as a result of the said injuries. The accused admitted that he is the one who caused the wife those injuries.
35. Section 206 of the Penal Code provides instances when malice aforethought is established. It states:
“Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances: -
i. An intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not;
ii. Knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether that person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused;
iii. An intent to commit a felony;
iv. An intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony.”
36. In this case the accused inflicted several panga cuts cut the head breaking the skull, cut the hands as the deceased was defending herself breaking her arm bones. That in itself establishes malice aforethought. The weapon and the type of injuries inflicted were intended to cause grievous harm and the victim died.
37. The accused’s defence has come 5 years after the offence was committed. He had a long time to think about what he had to say. He evens stated that that is the same thing he told the I.O upon his arrest.
38. His defence is that his wife provoked him by selling his bricks and mis -using the family wealth. However, it is clearly evident that she was unarmed. And other than the cheche za maneno, ( fiery heated of exchange of words) he did not say that she did anything physically violent to warrant the vicious attack he rained on her.
39. In the circumstances , I find that the charge of murder c/s 203 as read with s. 204 of the Penal Code is proved as admitted by the accused person, beyond a reasonable doubt, and convict him accordingly.
Dated signed and delivered virtually this 21st August 2025
Mumbua T Matheka
Judge
CA Mwiwa
Mr. Hassan for accused
Ms. Otulo for the state.
Accused present
'