Emily Nekesa Cosmas v Republic [2017] KECA 269 (KLR)
- Court
- Court of Appeal
- Case number
- 269
- Citation
- [2017] KECA 269 (KLR)
- Decided
- 24 March 2017
The court quashed the appellant's conviction of murder and substituted it with a conviction of manslaughter. The death sentence was set aside and replaced with a sentence of fifteen years imprisonment.
Facts
The appellant, Emily Nekesa Cosmas, was charged with murdering her sister's eleven-year-old niece, Isabella Namucheka Masinde, on November 12, 2006. The appellant left her baby with the deceased and went to the market. Upon returning, she found the baby alone and accused the deceased of stealing her money and property. The deceased's body was later found in a trench covered with fresh leaves.
Issues
- Whether the circumstantial evidence was sufficient to convict the appellant of murder
- Whether the appellant had malice aforethought in assaulting the deceased
Reasoning
The court found sufficient circumstantial evidence linking the appellant to the deceased's death, but was unable to establish malice aforethought. The appellant's intention was to punish the deceased for leaving the baby unattended, but the act resulted in her death.
Outcome
Conviction of manslaughter and sentence of 15 years imprisonment
Orders
- Quash the conviction of murder
- Substitute conviction with manslaughter
- Set aside death sentence
- Substitute sentence with 15 years imprisonment
Authorities cited
Legislation (1)
- Penal Code
Cases cited (2)
- Rex v Kipkering Arap Koske & Another (1949) 16 EACA 135
- Wills on circumstantial evidence 6th edition page 311
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