Offences against the person

Question 1

What is the definition of murder according to Section 203 of the Penal Code?

Answer 1

Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.

Question 2

What are the key elements for murder?

Answer 2

• Actus Reus
• Malice aforethought
• Death
• An unlawful act or omission

Question 3

What does Actus Reus of murder refer to?

Answer 3

Causing death through an unlawful act or omission.

Question 4

What is the time frame for holding a defendant responsible for causing death according to Section 215 of the Penal Code?

Answer 4

The defendant’s conduct must have caused the death within a year and a day.

Question 5

What is the impact of medical intervention according to Section 213 of the Penal Code?

Answer 5

A person is deemed to have caused another’s death even if their act is not the immediate or sole cause, under certain conditions.

Question 6

Fill in the blank: The defendant’s act or omission would not have caused death unless an act or omission of the _______ otherwise accompanied it.

Answer 6

victim or other persons

Question 7

What is malice aforethought as defined in Section 206 of the Penal Code?

Answer 7

• Intention to cause death or grievous harm
• Knowledge that the act will probably cause death or grievous harm
• Intent to commit a felony
• Intention to facilitate escape from custody

Question 8

True or False: Kenyan courts are quick to find intent for murder.

Answer 8

False

Question 9

What can be inferred from the overt act in determining malice aforethought?

Answer 9

The amount of force applied, the type of weapon used, and whether the offender repeatedly assaulted the victim.

Question 10

What is the punishment for murder as per Section 204 of the Penal Code?

Answer 10

Any person convicted of murder shall be sentenced to death.

Question 11

What is manslaughter according to Section 202 (1) of the Penal Code?

Answer 11

Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed manslaughter.

Question 12

What mental element does manslaughter capture?

Answer 12

Conduct carried out recklessly or with gross negligence.

Question 13

What is an unlawful omission as defined in Section 202(2) of the Penal Code?

Answer 13

An omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health.

Question 14

What is the definition of provocation in the context of manslaughter?

Answer 14

Any wrongful act or insult likely to deprive a person of self-control and induce them to commit an assault.

Question 15

Fill in the blank: When a person kills another in the heat of passion caused by sudden ________, they are guilty of manslaughter only.

Answer 15

provocation

Question 16

What principles determine criminal responsibility for the use of force in self-defense according to Section 17 of the Penal Code?

Answer 16

The principles of English Common Law.

Question 17

What does the failure to prove malice aforethought often lead to in court?

Answer 17

The accused being found guilty of manslaughter.