[2017] KEHC 2179 (KLR)

[2017] KEHC 2179 (KLR)

The court found that the accused, Gibson Nangat Stephen, unlawfully caused the death of the deceased by shooting him with an illegally possessed AK-47 rifle. The evidence established that the accused intended to kill the deceased, as demonstrated by his threats and actions prior to the shooting. The accused's defence of self-defence was rejected as an afterthought, unsupported by the evidence and not raised during cross-examination. The court held that malice aforethought was proved beyond reasonable doubt, as the accused's words and conduct showed clear intent to kill. The accused's claim of intoxication was not substantiated to the extent required to negate mens rea. Accordingly, the...

Citation
[2017] KEHC 2179 (KLR)
Parties
Applicant: Republic; Defendant: Gibson Nangat Stephen alias Kortin
Court
High Court
Court Station
High Court at Kapenguria
Jurisdiction
Kenya
Judgment Date
8 November 2017
Case Number
Criminal Case 5 of 2017
Procedural Posture
Criminal Case / Judgment
Outcome
conviction
Judges
AM Githinji
Legal Topics
Murder, Malice Aforethought, Self Defence, Illegal Firearms
Source Language
English
Criminal Law Murder Malice Aforethought Self Defence Illegal Firearms

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Gibson Nangat Stephen alias Kortin

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully 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 accused's defence of self-defence or lack of intent is credible and supported by evidence.

Ratio Decidendi

The court found that the accused, Gibson Nangat Stephen, unlawfully caused the death of the deceased by shooting him with an illegally possessed AK-47 rifle. The evidence established that the accused intended to kill the deceased, as demonstrated by his threats and actions prior to the shooting. The accused's defence of self-defence was rejected as an afterthought, unsupported by the evidence and not raised during cross-examination. The court held that malice aforethought was proved beyond reasonable doubt, as the accused's words and conduct showed clear intent to kill. The accused's claim of intoxication was not substantiated to the extent required to negate mens rea. Accordingly, the...

Court Disposition

conviction

Orders

  • The accused is convicted of murder under Section 203 as read with Section 204 of the Penal Code.