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FLORA CHERUBET TALAM
V.
REPUBLIC

(1997) JELR 104410 (CA)

Court of Appeal 25 Sep 1997 Kenya
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Case Details

Suit Number:Criminal AppEAL 6 of 94
Judges:Johnson Evan Gicheru Amrittal Bhagwanji Shah Samuel Elikana Ondari Bosire
Location:Nakuru
Other Citations:Flora Cherubet Talam v. Republic [1997]eKLR

JUDGMENT OF THE COURT

The appellant was married when she was 15 years old to one Talam and had a difficult marriage relationship with him.

Together with her husband they had five children of the marriage. Because of the difficult marriage relationship which resulted in various fights and her frequent returning to her father's home or friends to seek refuge, she on the 4th April, 1990 after a fight with her husband decided to leave him. She on that day therefore took all her five children in the hope of going to seek refuge elsewhere. As she crossed a nearby river with her five children she was overwhelmed by emotions on recalling how often she had crossed that river as a result of frequent quarrels with her husband who seemed no longer to have any need for her and the children. As a result she tied all the five children with a "leso" and dropped them into the river and she too attempted to drown herself but survived. The five children, however, did not survive but died of asphyxia due t…

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