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Do you know I must say you have done a superb job with this. Issues Kipngsno determination 5. The issues for determination are as follows: Analysis and Determination Kippngeno. Before delving into the Kiongeno of the Preliminary objection it is important to define what a Preliminary Objection is. Justice Newbold in the chirchid suit argues that A preliminary objection is in the nature of what used to be a demurrer. It raises a pure point of law which is argued on datinb assumption that all the facts pleaded by the other side are correct. The said section provides as follows: Compound 2 3-methoxymethyl-1,2- benzenediol showed larvicidal activity at 8 and 24 h of The crude extract was closely analysed using TLC and exposure that could the correlated to the concentration further purified using column chromatography.
From range used Table 3. This gave LC50 and LC90 for 2 of these only three compounds tyrosol 13-methoxy The data obtained from and Compound 3 2-hydroxy NMR was correlated to the literature and the structures 4-hydroxy-chroman-7yl butenal also showed larvi- determined. The LC50 and LC90 for 3 were This is evident and Anke, Such compounds have been shown to when the LC50 and LC90 values are compared, but at 8 h have mosquito larvicidal activities from submerged of exposure the crude extract appear to be stronger than cultures of the mushroom Cyptotrama asprata Njogu et tyrosol 1.
Here extra-cellular secondary metabolites from Afr. This compound showed strong larvicidal activity against the A. The findings were found to mirror the The authors are grateful to the International Foundation results reported in this paper, where the extra-cellular of Science IFS and Africa Institute for Capacity Deve- secondary metabolites were in the culture filtrate of lopment AICAD for providing the funds for the research, Stereum species JO Like in the case of C. JO were purified using column chromatography to We acknowledge the staff members of Chemistry Depart- give three compounds; tyrosol 13-methoxymethyl- ment, Egerton University, for their technical support.
These compounds were found to have larvicidal activity against A. Larvicidal efficacy of Vernonia from mycelia of an ascomycetes fungus Cordyceps cinerea L. Asteraceae leaf extracts against the filarial vector Culex ophioglossoides as an estrogenic substance Kawagishi quinquefasciatus Say Diptera: The chemistry of the blue strain fungi. Some metabolites of Ceratocystis species associated with mountain pine Guzman-Lopez et al. Its production had been beetle infected lodge pole pine. The sterepolides: Larvicidal efficacy of Toddalia asiatica Linn.
Lam against two mosquito vectors Aedes Ceratocystis huntii strains Ayer et al. It has also been Banfi E New biologically active epidioxysterols from Stereum used in atheroscelerosis treatment, protecting low density hirsutum.
Chowdhury N, Chirrchir G Mosquito larvicidal and antimicrobial lipoproteins LDL from oxidation which play a role in the activity of protein of Solanum rillosum leaves. BMC Complement. Guzman-Lopez et al. Acetylenic aromatic sol has been observed in lettuce leaves and certain compounds from Stereum hirsutum. Photochemistry Finney DJ Probit analysis, Third ed.
Cambridge University toxicities in mice Ayer et al. However, to our Press. Larvicidal effects was reported for tyrosol. Submerged cultivation of compounds have been isolated from fungi and plants basidiomycete fungi associated with root diseases for production of Lee et al. Among the known naturally occurring valuable bioactive metabolites. Forest Sci. Relationship between the fungus or C3 position. Datnig have also been synthesised by Ceratocystis fimbriata coffea and the canker disease of the coffee tree. Phytochemistry Tyrosol and tryptophol produced by ties Li datinng al. The three compounds 1, 2 cjirchir 3 Ceratocystis adipose.
World J. Both the accused persons elected to remain silent. I have considered the prosecution evidence against the accused in this matter. The two brothers, aged 17 and 21 years respectively at the time of the offence, are charged with the offence of murder contrary to section as read with section of chircir Penal Code. For the accused to be convicted of the offence of murder, the state must establish chircgir reasonable doubt that the accused did, with malice aforethought, cause the death of the deceased. Section of the Penal Code provides as follows: Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances— a an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not; b knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether that person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused; c an intent to commit a felony; d an intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony.
The evidence before me indicates that the deceased, John Rono, was attacked by some two persons who were using wooden frames to hit him on the head. The post mortem conducted by Dr. Walter Nalianya showed that the deceased had healing stitched wounds on the forehead, the frontal part of the skull and the right parietal region the right side of the skull on the occipital region and behind the skull. The doctor had also found blood on the surface of the skull, as well as blood on the whole surface of the brain. The cause of death, according to Dr.
Nalianya, was severe head injury due to multiple blunt trauma. This evidence can only lead to one conclusion: The person or persons who inflicted the blunt trauma injuries on the deceased, in my view, did so with malice aforethought. Their act of causing his death constitutes murder as defined in section as read with section of the Penal Code. PW1 and PW2 were neighbours of the accused. They had heard screaming and gone to check what was happening.
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They knew the deceased as their village elder, and they also knew the accused. They were beating up the deceased, whom he also knew. He did not recognise initially that the deceased was the one who was being beaten by the accused, so he got closer. The accused were using wooden frames which they abandoned and fled when people went to the scene. The evidence of PW2, Brenda, was that she was home at about 9. She had gone to the scene where she found the accused beating up the deceased. They were hitting him all over the body using the wooden frames that were before the court. She had screamed and people had come to the scene, and the accused persons had fled from the scene, leaving the wooden frames behind.
She, too, knew the accused persons well, having been a neighbour for a period of 4 years. She also knew the deceased and had heard him pleading for forgiveness. From the evidence before the court, I am satisfied that it was the two accused who attacked the deceased, John Rono, and injured him grievously, leading to his death a few days later from the injuries he sustained in the attack. They were using wooden frames to attack him, and from the evidence of PW5, Sergeant Onchoma, from her interrogation of the 1st accused, it would appear that they attacked him because he was having an affair with their mother.
Whether minor children-indeed children of any age - have the right to dictate whom their mother associates with is a question this court will not attempt to answer. That they took it upon themselves to attack the deceased so viciously that he succumbed to his injuries beggars belief. It is particularly tragic when one notes that the accused were school going children at the time of the offence with which they are charged: There are some contradictions in the evidence of the two eye witnesses to this incident. Both PW1 and PW2 say they were the first to arrive at the scene.
It may be that PW2 did not see PW1 when she arrived at the scene with a torch which, according to PW1, caused the accused to flee. The second contradiction relates to the weather that night. PW1 was clear that it was raining, while PW2 testified that it had not rained that night. These contradictions, however, are not in my view material contradictions. I am satisfied that the prosecution has established beyond reasonable doubt that it was the accused who, with malice aforethought, caused the death of the deceased. In reaching this conclusion, I bear in mind that the burden cast by the law on the prosecution is to prove its case beyond reasonable doubt.
The law would fail to protect the community if it admitted fanciful possibilities to deflect the course of justice.