Under Kenyan law, murder and manslaughter are distinct crimes that are primarily differentiated by the circumstances surrounding the killing and the intent of the accused.
Both offences involve the unlawful killing of a person, but the legal consequences vary significantly.
What is murder?
Murder is defined under Section 203 of the Penal Code as the unlawful killing of a person with malice aforethought.
The key component in a murder charge is the intention, commonly referred to as mens rea, which indicates that the accused planned or intended to cause death or grievous harm.
The Penal Code outlines malice aforethought to include:
An intention to cause the death of or grievous harm to any person,
Knowledge that the act or omission causing death will probably result in death or grievous harm,
An intention to commit a felony that results in death,
A deliberate act showing disregard for human life.
In simpler terms, if a person plans to kill someone or performs an act knowing it could likely result in death, it constitutes murder.
Punishment for murder
Murder is one of the most serious crimes under Kenyan law. According to Section 204 of the Penal Code, the punishment for murder is death.
However, following various court rulings, including the Muruatetu case, Kenyan courts now exercise discretion and do not always impose the death penalty, considering the circumstances of the case.
What is manslaughter?
Manslaughter is defined as the unlawful killing of a person without malice aforethought.
Unlike murder, manslaughter occurs when the accused did not intend to kill or cause grievous harm but their actions or omissions still resulted in someone’s death.
Manslaughter is generally divided into two categories:
Voluntary manslaughter: Occurs when a person kills in the heat of the moment, often due to provocation or diminished responsibility. For example, a fight that escalates into a fatal blow.
Involuntary manslaughter: Happens when a person unintentionally causes death through reckless or negligent actions, such as a car accident caused by dangerous driving.
Punishment for manslaughter
Under Section 205 of the Penal Code, the punishment for manslaughter is imprisonment for life. However, the courts have the discretion to impose lesser sentences depending on the circumstances, such as provocation or lack of prior criminal intent.