Amina and Another v. R. Crim. Sass. 169-D-71; undated; Kwikima, Ag. J.

 

Amina and Another v. R. Crim. Sass. 169-D-71; undated; Kwikima, Ag. J.

The accused Amina was charged with the murder of one Zaina. [The second accused was acquitted by the court holding that the prosecution had failed to establish any case against her]. The court found that the deceased had accused Amina of having has an affair with her husband. Amina was pregnant and in a fighting which followed the deceased felled Amina down and set on her stomach intending to squeeze the focus out of her. Amina. Then stabbed the deceased with a knife.

            Held: (1) There was “enough reason for Amina to retaliate with all means at her disposal in order to avert probable death if the deceased was allowed to squeeze her pregnancy out. This alone would have justified Amina Killing the deceased even if the latter had not gone further to take out a knife from her clothing and using it on Amina. In R. v. Nyakaho 1970 H.C.D. 344. Saudi J. (as he formerly was) held that it was justifiable for a woman to kill the person attempting the rape her. It is my considered opinion that a pregnant woman has more reason and justification to kill the person attempting to abort her by physical force as the deceased did in this case. There would be no question of her using excessive force to defend would be no question of her using excessive force to defend herself. I am left in no doubt that the deceased was the author of her own demise when, through jealousy, she set out to look for Amina in order to give her a beating when she learned that Amina had gone with her husband.” (2) Accused acquitted.