TERESIA MWENI KILONZO V. REPUBLIC

JUDGMENT

1. The appellant, Teresia Mweni Kilonzo was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 4th March 2015 at Dandora Phase IV, within Nairobi County, she murdered Maxwell Nyambane Moranga. She denied the charge and in the ensuing trial, Lesiit, J (as she then was) found her guilty of the offence and sentenced her “… to death as by law prescribed”.

2. Aggrieved by the outcome of the trial, the appellant proffered the appeal before us.

3. On 7th February, 2022, the appeal came up before us for hearing. Learned counsel Mr. Otieno appeared for the appellant whilst learned counsel Mr. Njeru appeared for the State.

4. Whilst relying on the appellant’s written submissions dated 27th November, 2022, Mr. Otieno’s complaint was on the sentence. He was of the view that the appellant ought to have been convicted of manslaughter as she was heavily intoxicated and could not have formed the necessary mens re…