[2018] KEHC 7134 (KLR)

[2018] KEHC 7134 (KLR)

The court found that the accused, as a parent, owed a legal duty to provide food and care to her child, and her omission to do so by subjecting the child to prolonged fasting constituted an unlawful act under Section 203 of the Penal Code. The evidence established that the accused caused the death of the deceased by...

Source-derived case information.

Citation
[2018] KEHC 7134 (KLR)
Parties
Applicant: Republic; Defendant: G N M
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
4 April 2018
Case Number
Murder Case 31 of 2012
Procedural Posture
Criminal Case / Judgment
Outcome
Special finding of guilty act but insane at the time; accused to be detained at the President's pleasure.
Judges
FN Muchemi
Legal Topics
Murder, Insanity Defence, Parental Duty, Child Neglect, Malice Aforethought
Source Language
english
Criminal Law Family and Children Murder Insanity Defence Parental Duty Child Neglect Malice Aforethought

Source-derived case record

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 6 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

G N M

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the act of the accused to starve the child was an unlawful act as described under Section 203 of the Penal Code.
  2. 2 Whether the accused caused the death of the deceased.
  3. 3 Whether the accused had malice aforethought as she committed the unlawful act.

Ratio Decidendi

The court found that the accused, as a parent, owed a legal duty to provide food and care to her child, and her omission to do so by subjecting the child to prolonged fasting constituted an unlawful act under Section 203 of the Penal Code. The evidence established that the accused caused the death of the deceased by starvation. However, the court accepted the defence of insanity, noting that the accused had a history of mental illness, was found unfit to plead at one stage, and had been treated for mental instability. The court was satisfied, on a balance of probabilities, that the accused was insane at the time of the offence and therefore not criminally responsible for her actions....

Court Disposition

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

Orders

  • A report to H.E. The President to be made under Section 166 of the Criminal Procedure Code.
  • The accused to be detained at Kamiti Prison or any other prison where specialized treatment will be accorded to her.