[2023] KEHC 22260 (KLR)

[2023] KEHC 22260 (KLR)

The court found that the prosecution proved beyond reasonable doubt that the accused, Mustafa Iddi Lokono, unlawfully caused the death of the deceased, Nancy Narongoi Edome, by assaulting and strangling her. The evidence of three eyewitnesses placed the accused at the scene and described his actions leading to the death. The accused's defence of being framed and his alibi were found to be unsubstantiated and raised only at the defence stage, thus lacking probative value. The medical evidence confirmed that the deceased died from severe head injury and strangulation, both deliberate acts targeting vital parts of the body. The court inferred malice aforethought from the manner and severity...

Citation
[2023] KEHC 22260 (KLR)
Parties
Defendant: Mustafa Iddi Lokono; Respondent: Director of Public Prosecutions
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Judgment Date
19 September 2023
Case Number
Criminal Case 19 of 2017
Procedural Posture
Criminal Case / Judgment
Outcome
conviction
Judges
AC Mrima
Legal Topics
Murder, Malice Aforethought, Burden of Proof, Eyewitness Testimony, Alibi Defence, Standard of Proof
Source Language
English
Criminal Law Murder Malice Aforethought Burden of Proof Eyewitness Testimony Alibi Defence Standard of Proof

Case Brief

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Parties

Mustafa Iddi Lokono

Defendant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused the death of the deceased.
  2. 2 Whether the accused acted with malice aforethought in causing the death of the deceased.
  3. 3 Whether the prosecution proved the charge of murder beyond reasonable doubt.

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused, Mustafa Iddi Lokono, unlawfully caused the death of the deceased, Nancy Narongoi Edome, by assaulting and strangling her. The evidence of three eyewitnesses placed the accused at the scene and described his actions leading to the death. The accused's defence of being framed and his alibi were found to be unsubstantiated and raised only at the defence stage, thus lacking probative value. The medical evidence confirmed that the deceased died from severe head injury and strangulation, both deliberate acts targeting vital parts of the body. The court inferred malice aforethought from the manner and severity...

Court Disposition

conviction

Orders

  • The accused, Mustafa Iddi Lokono, is convicted of murder pursuant to Section 322(2) of the Criminal Procedure Code.