[2022] KEHC 11220 (KLR)

[2022] KEHC 11220 (KLR)

The court found that the prosecution proved the child died by drowning and that the accused was last seen with the child. Although there was no direct evidence, the circumstantial evidence established that the accused was responsible for the death. However, the court accepted the defence argument that, given the age...

Source-derived case information.

Citation
[2022] KEHC 11220 (KLR)
Parties
Applicant: Republic; Defendant: EBN
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Judgment Date
25 May 2022
Case Number
Criminal Case 22 of 2020
Procedural Posture
Criminal Case / Judgment
Outcome
convicted of infanticide
Judges
SN Riechi
Legal Topics
Murder, Infanticide, Circumstantial Evidence, Mental State, Burden of Proof
Source Language
english
Criminal Law Murder Infanticide Circumstantial Evidence Mental State Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

EBN

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused the death of her child by an act or omission.
  2. 2 Whether the prosecution proved malice aforethought beyond reasonable doubt.
  3. 3 Whether the evidence supports a conviction for murder or infanticide under the Penal Code.

Ratio Decidendi

The court found that the prosecution proved the child died by drowning and that the accused was last seen with the child. Although there was no direct evidence, the circumstantial evidence established that the accused was responsible for the death. However, the court accepted the defence argument that, given the age of the child and the mental state considerations recognized in law, the proper conviction was for infanticide under section 210 of the Penal Code, not murder. The court held that the prosecution had proved the elements of infanticide beyond reasonable doubt, as the accused, being the mother of a child under twelve months, caused the death while her mind was likely disturbed by...

Court Disposition

convicted of infanticide

Orders

  • The accused EBN is convicted of infanticide contrary to section 210 of the Penal Code.