JUDGMENT OF THE COURT
1. The appellant, Lucy Mueni Mutava, is before us challenging her conviction and sentence for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The crux of her appeal is hinged on her view point that whilst she inflicted fatal injuries which caused Hassan Swaleh Almasi’s (deceased) death she did not do so intentionally. In other words, that one essential ingredient for the offence of murder was not present, that is, malice aforethought or mens rea on her part. She claimed her actions were actuated by the deceased’s provocation and were otherwise in self defence. As such, she contended, her conviction for the offence of murder was not sound in law.
2. Before delving into the merits of the appeal, the brief background to the appeal is that the appellant and the deceased who happened to be a Tanzanian national, were involved in an intimate relationship for over a year prior to his death. It would seem that the deceased would fre…