Republic v L. M. M. [2013] eKLR The defence of provocation is not available to her as the alleged slaughter of her chicken and goat had not happened at the time and there was enough time to cool her passion. I find the state to have proved its case beyond reasonable doubt and I convict the Accused under section 322 of the Criminal Procedure Code. Judgment dated and delivered in open Court this 19th day of June, 2013. In the presence of:Learned State Counsel Mr. Jami Learned Counsel for the Accused Mr. Mushelle Court Clerk Musundi …....................... M. MUYA JUDGE Mr. Jami: I dont have her records. She may be treated as a first offender. I Urge the Court to consider the brutality of attack. Mr. Mushelle: On behalf of my client the Accused is indeed a first offender. She is a Single mother. This was an unfortunate incident where the deceased kept on visiting the Accused house even though the love had come to an end. This infuriated my client. She has been in custody for almost two years. Her kids have suffered. This is an offence which is serious and Sentence severe but the Court has discretion in Sentencing. It is not automatic that death Sentence can be passed. We ask for non custodial Sentence. Sentencing notes: The brutality of the attack was noted in the Courts judgment. The Accused is a first offender. She is Sentenced to 20 years imprisonment. http://www.kenyalaw.org - Page 3/4