Kamau, Billy and Zebby are business associates trading in the name and style of “Billionnaires Survival Enterprises”. In their business planning meeting which Zebby failed to attend, they hatched a plot to kill Musa Lupwoni, a reputable Director of Information for a leading politician. Musa Lupwoni has always questioned the source of the trios wealth.
After the meeting, they retreat to Rafikiz for lunch, while at the café, they are joined by Zebby and Lavender, one of Kamau’s friends. Lavender offers to buy beer until all crates are drained. After the heavy lunch, they all embark on a drinking spree. At about 8 p.m, Kamau asks Lavender to call her cousin, Musa Lupwoni. Lavender is not aware of the long standing disagreements between the Billionnaires Survival Enterprises and Musa Lupwoni, nor of the plot to kill Lupwoni. On arrival, Lupwoni shouts, “Lavender, why have you invited me to share a table with idiots, bigots and thieves”. Angererd by the statement, Bill throws several bottles at Lupwoni, hitting his head. Lupwoni draws a pen out of his pocket and charges towards Zebby aiming to stab him. Scared, Zebby hits Lupwoni on the head sending him into a coma. The owner of the café, a Mr. Omondi calls the police and the ambulance. Lupwoni is admitted at Kenyatta National Hostpital where he is booked for a surgical procedure. Dr. Tyson, a famous medical doctor carries out the surgical procedure in good faith and in a professional manner. However, during the surgical operation, there is a power breakdown which lasts 20 minute. By the time the generator is fixed, Lupwoni is pronounced dead. Meanwhile, the police have arrested Billy, Kamau, Zebby and Lavender.
- a) The three have been placed in your presence and seek your legal opinion in view of section 213 of the
|penal code and the charge to be preferred against them
b) What are the available defenses to the accused during trial.
( 5 Marks)