R. v. Makame bin Chumu, Crim. Sass. 10-Z-66, 6/3/67, Kimicha Ag. C. J.

 

R. v. Makame bin Chumu, Crim. Sass. 10-Z-66, 6/3/67, Kimicha Ag. C. J.

The accused had a shop where he sold antidotes for various ailments, including one known as “maji ya Zanda,” popularly used for stomach pains. The accused also kept some cattle; he used cattle dip to treat them for ticks. On the day he put a bottle of cattle dip (which contains a considerable amount of arsenic) on the same shelf where “maji ya Zanda” was regularly kept, in a bottle labeled “maji ya Zanda”. One afternoon, the accused’s son was tending the store. The deceased’s mother came in to purchase some “maji ya Zanda” for her daughter, who was suffering from stomach pains. The son, not having been warned by the father, sold her some of the cattle dip, believing it to be the remedy she wanted. Her daughter died shortly after drinking it. The accused was charged with committing a rash or negligent act causing death c/s 216 of the Penal Decree, as amended by Decree No. 7 of 1959. The accused pleaded not guilty, denying that he had been negligent.

Held: (1) The evidence showed beyond a reasonable doubt that the accused did a negligent act causing the death of the deceased, within the meaning of the statute.

(2) The accused is sentenced to pay a fine of Shs. 600/-, to be paid in instalments of not less than Shs. 150/- per month, or a term of imprisonment in default.

            (3) Shs. 400/- of the fine (if paid) is ordered to go to the family of the deceased as compensation and to meet funeral and incidental expenses.