[2019] KEHC 11232 (KLR)

[2019] KEHC 11232 (KLR)

The court found that the accused, Gilbert Kiptoo Saina, despite being intoxicated, formed the intention to kill his child as evidenced by his statements and actions upon returning home. He announced his intention to kill the child, refused to hand her over to the mother, strangled her, and smashed her head,...

Source-derived case information.

Citation
[2019] KEHC 11232 (KLR)
Parties
Applicant: Republic; Defendant: Gilbert Kiptoo Saina
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
21 February 2019
Case Number
Criminal Case 4 of 2013
Procedural Posture
Criminal Case / Judgment
Outcome
guilty of murder
Judges
DO Ohungo
Legal Topics
Murder, Intoxication Defence, Malice Aforethought, Mens Rea, Child Victims
Source Language
english
Criminal Law Murder Intoxication Defence Malice Aforethought Mens Rea Child Victims

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Gilbert Kiptoo Saina

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused, Gilbert Kiptoo Saina, unlawfully caused the death of the child FC.
  2. 2 Whether the accused had malice aforethought at the time of the act.
  3. 3 Whether intoxication negated the accused's criminal responsibility.

Ratio Decidendi

The court found that the accused, Gilbert Kiptoo Saina, despite being intoxicated, formed the intention to kill his child as evidenced by his statements and actions upon returning home. He announced his intention to kill the child, refused to hand her over to the mother, strangled her, and smashed her head, resulting in death. The court held that intoxication did not negate malice aforethought in this case, as the accused's conduct demonstrated clear intent to kill. The defence of intoxication was rejected because the accused's actions were deliberate and purposeful, and there was no evidence that the intoxication was involuntary or that it rendered him incapable of understanding his...

Court Disposition

guilty of murder

Orders

  • The accused is found guilty as charged under Section 203 as read with Section 204 of the Penal Code.