High Court of Kenya

The appellant, M.N., was charged with attempt to procure abortion, contrary to Section 158 of the penal code, which provides the “any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever is guilty of a felony and is liable to imprisonment for fourteen years.” Four witnesses testified for the prosecution, including complainant, who was 15 years old, told the court that the appellant, who was her teach

The accused appeared at his former girlfriend’s kitchen window from outside and poured an acid-like substance on her. The substance was later determined to be sulfuric acid. The victim suffered first and second degree burns over 60% of her body, which resulted in a complication in the form of pneumonia in both lungs and caused her death. The court found that the prosecution proved its case beyond reasonable doubt and convicted the accused of murder.