Republic v L. M. M. [2013] eKLR Section 203 of the penal code provides for the offence of murder thus, “Any person who of malice aforethought omission is guilty of murder”. causes death of another person by unlawful act or Malice aforethought is defined thus, “Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances (a) an intention to cause the death of or to do grievous harm to any person, whether person is the person actually killed or not that (b) 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 harm is caused or not, or by a wish that it may not be caused; (c) an intent to commit a felony (d) an intention by the act or omission to person who has committed or attempted facilitate the flight or escape from custody of any to commit a felony.” To ascertain whether the ingredients of murder have been proved in this case I deem it necessary to examine and analyse the medical evidence adduced before the Court. Dr. Hesborne Ndianga (PW5) performed the postmortem examination on the body of the Deceased. He found multiple cut wounds with regular margins. Deep wounds noted. Mutiple lacerations back of neck coalescing to form one large open wound 20cm x 3cm. There was severing of muscles and tissues. There were fractures of the bones of the neck from c3 to c6. The spinal cord was severed. The left shoulder had lacerations 15 cms long exposing the left shoulder joint. The left forearm and the distal half had a transverse laceration. On the wrist there was a laceration with fracture and dislocation 10cms long. This was a defence lession. On the wrist and forearm there were deep cuts fracturing the radii transversely three transverse lacerations at the distal forearm. The Doctor further found that the spinal cord was severed and column had fractures. He formed the opinion that the cause of death was severe hemorrhage, respiratory failure or distress as a result of severed neuro tissues at the neck region. The court has also had the occasion to view the photographs produced in court as exhibit No. 5 which are in tandem with the postmortem report exhibit No. 2. They all go to show the Accused's Singular and determined intention to inflict maximum injuries on the Deceased. The Accused herself has not reported or complained of having sustained any injuries during the incident so as to warrant the vicious attack she visited on the Deceased. Hers was not a one stab or cut affair but a sustained repetition of several cuts on the Deceased hands shoulders and neck culminating to severance of the spinal column and death. The Accused may be a struggling single mother as she alleges, the Deceased could have slaughtered her chicken and goat but this was not provocation enough commensurate with her vicious attack or slaughter of her former lover. There was clearly malice aforethought. She had the intention to cause death of the deceased and she did indeed cause that death. http://www.kenyalaw.org - Page 2/4