[2017] KEHC 3345 (KLR)

[2017] KEHC 3345 (KLR)

The court found that the accused intentionally assaulted the deceased with a stone, causing fatal head injuries. The evidence from the deceased's mother (PW 1) and the post-mortem report established that the injuries were inconsistent with an accidental fall or mere slaps, and demonstrated deliberate infliction of harm. The accused's claim of provocation was rejected as there was no credible evidence of provocation or self-defence; the accused returned to the scene and attacked the deceased while threatening to kill her. The court held that malice aforethought was proved within the meaning of section 206(a) of the Penal Code, as the accused intended to cause grievous harm. The prosecution...

Citation
[2017] KEHC 3345 (KLR)
Parties
Applicant: Republic; Defendant: Frank Turo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
21 September 2017
Case Number
Criminal Case 28 of 2013
Procedural Posture
Criminal Case / Judgment
Outcome
conviction
Judges
DAS Majanja
Legal Topics
Murder, Malice Aforethought, Provocation, Self Defence, Domestic Violence
Source Language
English
Criminal Law Murder Malice Aforethought Provocation Self Defence Domestic Violence

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Frank Turo

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 as defined under section 206 of the Penal Code.
  3. 3 Whether the defences of provocation or self-defence were available to the accused.

Ratio Decidendi

The court found that the accused intentionally assaulted the deceased with a stone, causing fatal head injuries. The evidence from the deceased's mother (PW 1) and the post-mortem report established that the injuries were inconsistent with an accidental fall or mere slaps, and demonstrated deliberate infliction of harm. The accused's claim of provocation was rejected as there was no credible evidence of provocation or self-defence; the accused returned to the scene and attacked the deceased while threatening to kill her. The court held that malice aforethought was proved within the meaning of section 206(a) of the Penal Code, as the accused intended to cause grievous harm. The prosecution...

Court Disposition

conviction

Orders

  • The accused, Frank Turo, is found guilty of the murder of Jackline Achieng Abuto and is convicted accordingly.