Republic v L. M. M. [2013] eKLR
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 20 OF 2012
REPUBLIC …......................................................................................... RESPONDENT
VERSUS
L. M. M. …......................................................................…...........................APPELLANT
JUDGMENT
The Accused L. M. M. hereinafter referred to as the Accused is charged with the offence of murder
contrary to section 203 as read with section 204 of the penal code.
The particulars are that on the 23rd day of April 2012 at [particulars withheld] village within TaitaTaveta County she murdered H. S. A.
The Accused was examined by Dr. Mwangombe consultant psychiatrist who found her fit to plead.
In this case it is not denied that it is the Accused who inflicted the fatal wounds on the Deceased on
the 23rd April, 2012.
It is common ground that the Deceased and the Accused were lovers and had been staying together
for sometime.
A misunderstanding arose on the day in question and the Accused by the use of a panga (which
was produced as exhibit No. I) proceeded to cut him severally and killed him. In her unsworn statement
she admits that on the day in question he had arrived home at around 6:00 am and attempted to
embrace her in front of her child while outside the house. He pushed her into the house with the
intention of having sexual intercourse with her. He armed himself with a panga and they had a struggle.
She managed to get hold of it and cut him in self-defence.
She further told the Court that the Deceased had become a nuisance and was slaughtering and
consuming her chicken and goats without her consent and upon being asked why he was doing so, he
would beat her up.
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