Murder and manslaughter
A THREAD
A THREAD
According to the kenyan law,murder is the unlawfull killing of a human being,and for a case to be termed as "murder",the murderer must have had intentions to kill,and must have planned to kill(premeditation)killing by accident sio murder
Intent to kill humaanisha you did what you did to your victim with the sole aim of killing them,kama kudunga mtu visu,but ukipiga msee wa asthma ngumi akufe,that is not murder juu hakuna intentions,thoughukikosa kujitetea vizuri kotini utazama na murder
Kenya kuna three types of murder crimes:
1.murder in the first degree
2.murder in the second degree
3.felony murder
1.murder in the first degree
2.murder in the second degree
3.felony murder
Murder in the first degree: this is usally a premeditated case,where the prosecution imeleta hadi evidence eg.murder weapon,texts za vitisho,evidence that you were spying on your victim before killing them,
Eg.Say joseph a married man resides ni Kericho,he gets intel bibi anacheat na some guy in eldoret,Joseph travels to eldoret,tracks the guy down,and stabs the hell out of him. in this case all elements of murder in the first degree ziko evident.
The guy is cheating na his wife,so joseph had a motive,he carried a knife with him,so he premeditated the killing,he also tracked down the guy proof of intent,in this case Joseph is guilty of murder in the first degree,sentence hapa ni shingo,ama life.depending on the judges mood
Murder in the second degree:this is killing a person with intentions to kill but the prosecution has ni evidence of premeditation (not planned),unaua mtu not accidentaly but haukua umepanga kuua,its a sudden occurrence
Say joseph comes from work earlier than the wife expected and he finds his wife with another man in bed,joseph acts out of anger he takes the kitchen knife and stabs the guy in the abdomen a couple of times
Here joseph had not planned the crime,it just happened but by stabbing the guy in the abdomen he proves intentions of killing, given that he never planned the killing the case becomes second degree murder,sentence inarange from 30yrs to life depending on the circumstances.
Felony murder:this is murder committed in the line of a crime,hapa pia there was intentions but there was no premeditation,difference ya hii na second degree murder ni ati hapa kwa felony,ulikua unacommit crime when you killed.
Say two guys "Bony and john" decide to rob an mpesa shop,alafu mwenye shop aanze kuzua,bony uses a weapon to kill the mpesa shop owner,bony is charged with murder in the second degree(it wasnt planned),john yake ni felony murder for being an accomplice,
Hapo Kesi ni mbili ya kwanza ni ya robbery with violence (pamoja) alafu ya pili kila mtu solo felony murder na murder,if they become lucky enough to beat the robbery charges,iyo felony inaturn into murder in the first degree,coz if they were not stealing then they planned to kill
Another case of felony murder ni say after a robbery,Bony is driving the getaway car,john is his passenger,bony hits and kills a pedestrian that becomes a felony murder,both of them wanakua charged na the same.sentence ni 30yrs to life depending on vile walifanya kesi.
Manslaughter:,unlike murder manslaughter hua killing a human being with no intentions to kill.kuua mtu accidentaly.this only applies kama umeeza kuconvince koti without doubt that you killed accidentally,you didnt mean to kill the victim.
There are three types of manslaughter in the kenyan justice system;
1.voluntary manslaughter
2.involuntary manslaughter
3.vehicular manslaughter
1.voluntary manslaughter
2.involuntary manslaughter
3.vehicular manslaughter
Involuntary manslaughter:hii hukua if you killed a person bila motive na intent,say you are having sex with your wife and she is motivating you with the choke me daddy shenanigans,alafu umchoke usahau kuwachilia akufe,that is involuntary manslaughter.
Another case is... say unabishana na maasai rungu amaweka left side ya kiuno na panga iko right side,alafu aconfuse atoe panga badala ya rungu ukupige moja kama vikings ukufe,that is involuntary manslaughter,it carries a sentence of 5yrs to 15yrs in prison
Voluntary manslaughter:hii hua in the case where someone killed a person with the aim of inflicting pain but ikago wrong msee akakufa,eg bibi anakudunga kisu ya mguu inapata major artery unableed to death,she wanted you to feel pain but not to die.iyo ni involuntary manslaughter
Another example ni bouncer kwa klabu,wewe umespenki waiter na bouncer akaona hiyo ni tabia mbaya akaamua kukuadhibu,anakupiga ngumi moja ya shingo unakosa air unakufa,he wanted to punish you not to kill you,sentence ya hii ni 15yrs minimum
Vehicular manslaughter: hii ni ya road users,drivers to be precise,when you hit a pedestrian ama you cause an accident and people die,you had no intent to kill but you have killed
If the driver in question was overspeeding,driving an unroadworthy car,ama driving akiwa mlevi atakua charged na vehicular manslaughter,hii inabeba btwn 3yrs to life,depending on the circumstances of the crime
i later learned kuna other cases ya murder zenye wasee hawajui hapa njee,kama kupea mtu ukimwi knowingly,legally you have killed the person.ama kupiga msee hadi achizi,legally iyo umeua huyo jamaa na utafanya kesi ya killings
Justifiable killings:a murder case where the defendant has convinced the court that he killed with to deffend himself,this only applies if the victim wanted to kill or cause harm to you and you had no other option but kill them,hii huitaji witnesses kibao na wote wakue side yako
Also note that intoxication is not a defence to murder,ukivuta bangi ama pombe zikuinyeshe upige mtu panag,hapo utazama na manslaughter,hukua na intent ama motive but you killed,kwanza wa bangi utaenda annex miaka tatu ya bangi kwanza ndio urudi kuserve 39yrs za manslaughter.
Kuna murder niliskia inaitwa Heat of passion hii imewachilia wasee wengi sana, hii kenya,hii hua kumurder msee with all the elements of murder but circumstances inafanya hata judge akupigie makofi juu marehemu deserved to go.
A good example of such ni..Say you find someone rapeing your underage daughter and you killed them,hapo judge mzee anakupunguzia sentence but judge mathe anakuwachilia.ama you found someone mistreating your kid inhumanly,kama ule maid flani wa UG,apo murder is well deserved,
Mental dissorder ama insanity maybe a deffence to murder.deffendant akiprove to the court alikua chizi at the time of the crime(though its hard)apimwe na psychologists pale mathare wakubali yeye ni chizi anaweza achiliwa "not guilty by reason of insanity" (doesnt happen sana)
Hii ndio thread ya leo,murder and manslaughter in laymans terms,on sunday we do a thread on how to deffend a murder charge.pia msisahau #KureformNdioForm ✊siku zote
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