4.PW 1 -Harry Muthanga Wanjohi. He lives in Othaya Nyeri. He is the brother of the Deceased. On 3/2/2017 he identified the body of the deceased to pathologist at Narok Referral Hospital Mortuary. He stated that the deceased had a wife and one child. He knew accused as Nyaguthi, their child was between 20 and 30 years.
5.Cross-examination, he stated that the Accused and deceased were married for over ten years. He however did not know their marriage life. He did not know that the accused was mentally challenged.
6.PW 2- Martin Kariuki Nyaguthi. He resides in Nyeri. On 3/2/2017 he identified the body of the deceased to the doctor, who performed a post-mortem examination. Deceased was his father. The accused is his mother.
7.On 26/11/2018, by consent of both counsel report of the post-mortem was produced in evidence as exhibit 1. Also, by consent, the P3 form of the accused was admitted in evidence as exhibit 2.
8.On 1/7/2019, by consent, the government analyst report (original) was produced as exhibit P Exh. 3
9.PW 3 -Danson Maina. He resides in Langalanga in Nakuru town. He recalled on 1/2/ of the year which he did not remember, he left his home towards Saburai. Upon arrival at 10.00 p.m., he had to push a bicycle because it had rained. He went to his temporary house. After finishing cooking ugali he then heard the deceased arriving at the house. The deceased did not know that PW3 had arrived.
10.When he was in his house, he could hear the deceased and his wife talking in their house. The rooftop of their houses is covered with nylon paper. He then heard the deceased say, “Fungua na shika na kamata.” It was as if he was carrying something that needed to be gotten half.
11.He heard the deceased being beaten. He then heard him saying, “mama Ciro anataka kua mimi.” Mama Ciro – identified is the accused. He went there and entered their house. Only the accused and deceased were in the house. The deceased was lying down. He saw her beating the deceased. He saw that one stone of the fireplace had fallen down. She was using the iron bar ( Mfi – 4) in beating the deceased. He screamed. He went to the house of Kahuthu. He was not there. He left to the home of the Mzee who leased his shamba. He met him. He told him they are tired of accused and deceased because they were used to making nonsensical noise. He told him to go and sleep and that they meet the next day. He did not go to his house, instead, he went to the house of Muchiri. Accused used the iron bar to hit the deceased. He had gone to their house at 11.30 pm. He had known deceased for about two months, when he was living in their house.
12.Baba Ciro was about 40 years old. The accused was about same age as the deceased. There was tin lamp burning in their house. Their torch had fallen down, and was on. Accused was beating deceased using the iron bar which he pointed out in court. He slept at Muchiri’s house and woke up at 6.00 a.m. He then went to his house to get his tools of work. He met 16 people coming towards the boma of deceased. He then accompanied them to the house of deceased. The accused then explained to a friend of the deceased as to what happened. They went to house of deceased. They found deceased had died. He was lying down on his right arm. The people who saw deceased were shocked. Those people rang police at Saburai. Police came and took accused to Sakutiek. Body of deceased stayed there at scene until 5.00 p.m. when police arrived. Police arrived at 5.00 p.m. The police collected the body of deceased. He accompanied the body with some three other Wazees. He has not had any dispute with accused.
13.On cross-examination, the deceased gave him a place to stay. He stayed in their house for 2 months. For two months the accused and deceased quarreled. When he saw and heard quarrelling that was his first time to see them doing so. He had never seen them for those two months. He heard accused was ill. The deceased used to bring her drugs for mental illness. On that day, the deceased had arrived from a funeral service. Deceased was talking as someone who was drunk. Deceased used to drink beer, although he did not know what type of beer. He was not drinking daily. Deceased told accused to open and take whatever he had in his hand. The next thing he heard was that he was screaming that “mama Ciro, unataka kunimaliza.” He responded by going to see what was happening. Accused continued to beat deceased using the iron bar. He told her to stop beating the deceased. She did not heed to his request. Whenever he got hold of her to disarm, she kicked and he fell down.
14.The deceased continued to cry in pain saying. “Mama wacha mimi.” He was overpowered. He went out and raised an alarm. No one responded. There was a burning tin lamp and a torch that was lit. He did not know how long the deceased had lived in that house.
15.After he screamed no one came. He then went to call a co-worker of the deceased, and he did not find him. He never returned, since he was very scared that he might be the next victim. He went to sleep at the house of Muchiri. Muchiri’’s house is about half a kilometer from that of the deceased. The following morning 16 people gathered in the plot where the deceased had been killed. The owner of the plot lived a distance of one acre away from the scene of the crime. The door to the house of the deceased was open and the deceased body lay down with the heading facing the door. The deceased was inside the house when the accused assaulted him, but in the morning his body was closer to the door.
16.On re-examination, he stated that he was living in the house of the accused and the deceased with their son. The owner of the boma was a maasai. When the police came drugs of the accused were removed from the house and given to her to take. She then took those drugs. She was the one who requested that she given those drugs. The accused pushed him aside when he was trying to separate her from deceased. The accused assaulted the deceased with the iron bar. The accused was in great anger when assaulting the deceased with an iron bar. He did not know why she was assaulting the deceased. The deceased was crying in pain. The house appeared blackish due to smoke showing that they had lived there for long.
17.PW4- Benson Lokula. He testified that on 1/2/2017 some incident occurred at 11 p.m. in his Boma. A person known to him though he does not remember his name came to his Boma to call him. He told him it was night and he will not go. He slept. He refused because the deceased and his wife are always quarreling.
18.In the morning he went to his place. He found a person had been killed. There were many people at the scene. The person who was killed was called Gikonyo. He was inside the house. There were police officers at the house. He had leased land to the deceased and his wife for 6 years. He stated he has no beef with the accused person. He saw an axe and an iron bar at the scene. The accused was at the scene.
19.On re-examination, he stated that he had leased 2 acres of land to the deceased and his wife for 6 years. The two were living in the said land. They had erected a house in the said land. Their house was 10 acres away from his house. He, therefore, did not hear anything. He knew them to always engage in quarreling. The deceased and the accused had a 13-year-old old child but the child was not home at the time of the incident. He had heard that the accused was insane and was on medication. She used to pass by his home on her way to the hospital to get her drugs. He did not see her on the material day. He stated that the deceased was of ordinary character but took beer. On the material day, he did not see the deceased.
20.On re-examination, he stated that on the material day he did not see her go for her drugs. He could not tell whether the deceased had taken beer.
21.PW5- PC Peter Githinji. He testified that he stated that on 2/2/2017 he joined other officers led by CPL Kinyanjui. They went to Ensambulai village the scene of the murder. They met Aps led by CPL Maina who took them to the scene. They entered a timber house. They found the body of the deceased lying down in a pool of blood. The body had injuries on the right side and shoulders. They recovered a metal rod (blood-stained), a piece of timber with blood stains, a panga with blood stains, and an axe. He produced the same as P Exh. 4,6,7, and 5 respectively. He was shown the suspect and they arrested her. They also took the body to Narok Mortuary.
22.He recorded the statement of Danson Maina- a neighbour of the couple. Danson stated that at about 11 p.m., he heard a quarrel in the house of the couple. He went and found the wife (the accused) sitting on the deceased and hitting him on the head with a metal bar. He did not receive a prompt response from the people.
23.He also recorded a statement of Zacharia Kahuthu- a neighbour. He stated that on 2/2/2017 while in his house the accused came and told him to go and check out on his friend for, she had killed him. He took other villagers with him and found the deceased had been killed.
24.He also recorded the statement of Benson Lokula that on 1/2/2017 at 11 p.m. his neighbour called Maina came to his home to accompany him to the deceased’s house. He told him he could not wake up and he was asleep. The following day he woke up at 6 a.m. and went to the house of the deceased and found he had died. He confirmed he had leased the land to the two for 6 years. He knew them well.
25.On 3/3/2017, they went to Narok mortuary and a postmortem of the deceased was done. Henry Muthage- brother of the deceased and martin Kariuki son of the deceased identified the body. Dr. Robert Langat conducted the post-mortem. he filled in the post-mortem form (P Exh1) blood samples from the body of the deceased were taken for analysis.
26.On 6/2/ 2017 he was arraigned in CMs court for more time to investigate. They were given 7 days. On the same date, he took the accused to Narok for psychiatric assessment by Dr. Ivan Kenyanya. He found her to be a mental patient since 1992 and was under treatment. He recommended she had a disorder condition. The report was produced as P Exh 8.
27.On the same day, she was examined by Dr. Kiptoo who filled out a P3 form. Her blood samples were taken. He also identified the P3 form (P Exh2). He then charged her in court. She was committed to Matharu and a report was done.
28.On 28/2/2017, he prepared an exhibit memo and submitted all 4 exhibits for analysis together with blood samples for the deceased and the accused as exhibit memo- P Exh 9.
29.Results were later out (P Exh 3). He identified the accused as the one in the dock.
30.On cross-examination, he stated that he was informed of the incident at around 2 p.m. He arrived at the scene at around 5:30- 6 p.m. he found villagers and Aps at the scene. They preserved the scene and secured the accused. he processed the scene as is. The police arrived there after receiving a report. He did not know the time they arrived at the scene. He did not find the accused at the scene. She had been placed in the custody of the AP at their post to avoid her being killed by the villagers and also prevent her from fleeing.
31.He collected all items he found at the scene. They were blood stained. He also submitted them to the government chemist and a report was done. The blood of the deceased was already dry and could not provide any DNA. However, it was the blood of a male that was on the items.
32.The psychiatrist’s report confirmed she had a mood disorder and was under treatment. She had it for 25 years. Court ordered her treatment at Mathare. She was there for 5-6 months.
33.The accused person was placed on his defense vide a ruling of this court dated 21/03/2022.
34.DW1-Agnes Nyaguthi Wangechi. She gave a sworn statement. She stated that her home is Othaya. She was married to Benson Gikonyo. She however could not remember the year. She was 46 years. She has one child who is 24 years. She left Othaya for Narok about 7 years ago. She was still married at the time. They lived at Ensambuali. They grew potatoes. He farmed for about 4 years.
35.The accused person went ahead to state that she does not know why she was giving a testimony. The deceased was her husband. She could not remember what happened as she was on medication for mental health. The problem she stated started in 1992. Her medication was from Nyeri. At Narok, she was still on medication that was coming from a private dispensary called Ndorobo in Ensambulai. She could not remember what happened on 1/2/2017.
36.She stated that her husband was a drunkard and they used to fight every day. They used to fight and they could stop by themselves. The fights started when she was married. The deceased used to beat her when he is drunk.
37.She confirmed that the boy was his son but she got him before the marriage. They married officially after the body was born. She was taking her medication every day. She could not remember what happened even after the incident. But she went to a mzee near their house. She could not remember well what happened. She knows Benson Maina (PW3). she could not remember if she spoke to him.
38.She could not remember she was charged. She remembers that the court ordered her to be treated. She was taken to Mathari hospital in Nairobi. She remained there for 6 months. She still receives injections to date. She stated that she remembers nothing. She is remorseful. She prays for forgiveness so that she can take care of her child. She was sick.
39.On cross-examination, she stated that she was taken to the hospital before she came to court. She was a mental patient since 1992. She could not remember whether she said she killed the deceased with a panga (P Exh8). The deceased was her husband. They only fought when he was drunk. She had taken medication. She could not remember whether she was angry on the material day. When she takes her medication, she feels dizzy and talks too much. She is not really well at that time. On the material day, they fought. She could not remember whether she used a piece of wood or axe or a panga. She saw Danson on the material day. She is remorseful. She loved her husband.
40.DW2- Lemeria Leposo. He testified that he is an expert in mental health at Narok level 4. He holds an advanced diploma in mental health and has so worked for 32 years. He saw the accused in 2020 in his clinic to assess her mental status. He examined her and her earlier behavior. He established in 1992 she had a mental problem after giving birth to her first child. She had been treated at Karatina and also Mathari hospitals. She suffered from what is called mental illness associated with pregnancy and childbirth.
41.In 2020 at the time of the examination, she could not make a proper judgment. She had a partial insight into her condition and previous experiences.
42.She also suffered schizoaffective a condition of two conditions (diseases). i) she does not think properly. She could hear voices in her mind or hear voices of people he could be seeing (hallucinations) and third-person hallucinations that is she could hear people talking about her yet she cannot see them. 2nd voice is dangerous because it is a command to her.
43.Sometimes a woman would kill her child upon birth to release the child of trouble or kill to protect the child.
44.She is currently under their care. They track her progress. She is compliant with medication and attendance for review. She regularly takes her medication.
45.In 2020 there was a relapse. He recommended she be taken to Gilgil where she stayed for a week and she came back. She takes her medication and injection. She is aware she must take her medication to avoid relapse due to prison conditions.
46.As one of the professionals who have treated her, he was confident she is stable for as long as she takes medication. But the family must ensure she regularly takes her medication. They should also not do things that will remind her of the previous acts. Otherwise, she can now lead a normal life as long as she takes her medication and receives psychosocial support.
47.He produced her file with all information on her as D Exh. 1. He stated he would do a summary of the file and produce it. He produced the report as D Exh2. She is aware and needs to continue with medication she may be reintegrated back into society.
48.On cross examination, he stated that from his observation she is able to know what is going on in court.