[2015] KEHC 1671 (KLR)

[2015] KEHC 1671 (KLR)

The court found that the accused, Gababo Huka Dike, was motivated by unresolved suspicions and animosity towards the deceased, Noordin Farah, over alleged but unproven infidelity involving the accused's wife. The accused was found to have followed the deceased from the gate to the parking area and shot him multiple...

Source-derived case information.

Citation
[2015] KEHC 1671 (KLR)
Parties
Applicant: Republic; Respondent: Gababo Huka Dike
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
27 October 2015
Case Number
Criminal Case 48 of 2012
Procedural Posture
Criminal Case / Judgment
Outcome
convicted of murder
Judges
RPV Wendoh
Legal Topics
Murder, Malice Aforethought, Self Defence, Provocation, Burden of Proof
Source Language
english
Criminal Law Murder Malice Aforethought Self Defence Provocation Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Gababo Huka Dike

Respondent

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused committed the act that caused the death of the deceased.
  2. 2 Whether the accused had malice aforethought or intention to cause death.
  3. 3 Whether the accused acted in self-defence or under provocation.

Ratio Decidendi

The court found that the accused, Gababo Huka Dike, was motivated by unresolved suspicions and animosity towards the deceased, Noordin Farah, over alleged but unproven infidelity involving the accused's wife. The accused was found to have followed the deceased from the gate to the parking area and shot him multiple times at close range, as evidenced by the location and number of gunshot wounds and corroborated by witness testimony. The court rejected the accused's claim of self-defence, noting that the deceased's firearm was not used and that the accused's version of events was inconsistent with the physical and testimonial evidence. The court held that the accused's actions were...

Court Disposition

convicted of murder

Orders

  • The accused is found guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code and is convicted accordingly.