Facts
The appellant confessed killing his fiancee. In his defence he said he was provoked by the words of the deceased whom he found in the bed of her new lover. Upon being asked she replied: "wewe bwana achana na mimi. Sina habari na wewe" (literally translated: "Please leave me alone. I have no business with you"). The Court considered whether these seemingly innocent words could provoke a person to killing.
Held: (i) Now, those words in themselves appear innocent. But if they are looked at with the hindsight of what had transpired they are powerful dynamite sufficient to blow off the faculty of reasoning of the appellant. Not only that the appellants hope of marriage with her was kindled by her deceit but also that very day she made him part with his shs. 20/=. As if that was not enough, and to add insults to injury, she turned him into a sentry and made him kick about his heels eagerly waiting for her when she knew just too well that she was not going to come back to him.
(ii) the appellant was provoked by those words.
Case Information
Appeal allowed. Guilty of manslaughter.
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