[2016] KEHC 3333 (KLR)

[2016] KEHC 3333 (KLR)

The court found that the prosecution proved beyond reasonable doubt that the accused caused the death of the deceased by striking her on the head with a jembe, as credibly testified by PW4 and corroborated by the post mortem report. The accused was placed at the scene by both PW3 and PW4. However, the court found that the quarrel preceding the fatal act indicated a lack of premeditation, and thus malice aforethought was not established. The evidence of the child witness was found to be credible and consistent, and the court was satisfied with the manner in which the voire dire examination was conducted. The accused's defence was rejected as a sham. Consequently, the court acquitted the...

Citation
[2016] KEHC 3333 (KLR)
Parties
Applicant: Republic; Defendant: A S M
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
21 July 2016
Case Number
Criminal Case 42 of 2010
Procedural Posture
Criminal Case / Judgment
Outcome
Convicted of manslaughter; acquitted of murder.
Judges
AW Mwangi, EC Mwita
Legal Topics
Murder, Manslaughter, Malice Aforethought, Child Witness Evidence, Burden of Proof
Source Language
English
Criminal Law Murder Manslaughter Malice Aforethought Child Witness Evidence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

A S M

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused caused the death of the deceased.
  2. 2 Whether the accused acted with malice aforethought to sustain a conviction for murder.
  3. 3 Whether the evidence of a child witness was properly admitted and sufficient for conviction.

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused caused the death of the deceased by striking her on the head with a jembe, as credibly testified by PW4 and corroborated by the post mortem report. The accused was placed at the scene by both PW3 and PW4. However, the court found that the quarrel preceding the fatal act indicated a lack of premeditation, and thus malice aforethought was not established. The evidence of the child witness was found to be credible and consistent, and the court was satisfied with the manner in which the voire dire examination was conducted. The accused's defence was rejected as a sham. Consequently, the court acquitted the...

Court Disposition

Convicted of manslaughter; acquitted of murder.

Orders

  • The accused is acquitted of the charge of murder contrary to section 203 as read with section 204 of the Penal Code.
  • The accused is convicted of the lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code.