[2019] KEHC 6190 (KLR)

[2019] KEHC 6190 (KLR)

The court found that the accused, David Irungu Chomba, unlawfully caused the death of the deceased, Olive Wanjiku Kinyeki, as proven by direct and corroborated evidence. However, medical evidence established that the accused was suffering from a mental illness at the time of the offence, rendering him incapable of understanding his actions or knowing that he ought not to do them. The court applied Section 166 of the Criminal Procedure Code, making a special finding that the accused was guilty of the act of murder but was insane when he committed it. Consequently, the accused is to be detained at the President's pleasure, as mandated by law for such cases where insanity is established at...

Citation
[2019] KEHC 6190 (KLR)
Parties
Applicant: David Irungu Chomba; Respondent: Republic
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
6 June 2019
Case Number
Criminal Case 2 of 2013
Procedural Posture
Murder Trial / Judgment
Outcome
Special finding of guilty of murder but insane at the time of commission; accused to be detained at the President's pleasure.
Judges
LW Gitari
Legal Topics
Murder, Insanity Defence, Burden of Proof, Malice Aforethought
Source Language
English
Criminal Law Murder Insanity Defence Burden of Proof Malice Aforethought

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

David Irungu Chomba

Applicant

Republic

Respondent

Procedural Posture

Murder Trial / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused the death of the deceased.
  2. 2 Whether the accused had the requisite mens rea for murder at the time of the offence.
  3. 3 Whether the defence of insanity applies to the accused at the time of commission of the offence.

Ratio Decidendi

The court found that the accused, David Irungu Chomba, unlawfully caused the death of the deceased, Olive Wanjiku Kinyeki, as proven by direct and corroborated evidence. However, medical evidence established that the accused was suffering from a mental illness at the time of the offence, rendering him incapable of understanding his actions or knowing that he ought not to do them. The court applied Section 166 of the Criminal Procedure Code, making a special finding that the accused was guilty of the act of murder but was insane when he committed it. Consequently, the accused is to be detained at the President's pleasure, as mandated by law for such cases where insanity is established at...

Court Disposition

Special finding of guilty of murder but insane at the time of commission; accused to be detained at the President's pleasure.

Orders

  • The accused shall be detained at Kerugoya G. K. Prison at the President's pleasure pursuant to Section 166 of the Criminal Procedure Code.
  • The Deputy Registrar is directed to report the order to H. E. The President.