Republic v Jecinta Wairimu Nungari [2015] KEHC 1253 (KLR)

Facts

The accused, Jecinta Wairimu Nungari, was charged with murdering her husband, Peter Kamau Muiruri, on October 15, 2013. The prosecution alleged that the accused and her daughter chased the deceased around the compound, and the deceased then chased the children out and locked the gate. The accused claimed she was not present during the attack.

Issues

1. Whether the accused had the necessary mens rea for murder
2. Whether the accused was the aggressor and thus not guilty of murder

Reasoning

The court found that the injuries were too severe to have been caused by tripping or falling, and that the accused was in close proximity to the deceased with weapons capable of causing injury. The court also found that the deceased was the aggressor and that the prosecution failed to prove the necessary malice aforethought for murder.

Outcome

Convicted of manslaughter

Authorities cited