[2017] KEHC 7925 (KLR)

[2017] KEHC 7925 (KLR)

The court found that although the accused stabbed the deceased, the prosecution failed to prove malice aforethought beyond reasonable doubt. The evidence indicated that the accused and the deceased were engaged in a fight, and the accused had also sustained injuries. The court was not convinced that the accused...

Source-derived case information.

Citation
[2017] KEHC 7925 (KLR)
Parties
Applicant: Republic; Defendant: Hassan Guyo Shune
Court
High Court
Court Station
High Court at Marsabit
Jurisdiction
Kenya
Judgment Date
16 February 2017
Case Number
Criminal Case 06 of 2015
Procedural Posture
Criminal Case / Judgment
Outcome
conviction for manslaughter
Judges
KW Kiarie
Legal Topics
Murder, Manslaughter, Self Defence, Malice Aforethought
Source Language
english
Criminal Law Murder Manslaughter Self Defence Malice Aforethought

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Hassan Guyo Shune

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Who was the aggressor in the altercation between the accused and the deceased.
  2. 2 Whether the stab wound inflicted by the accused was the cause of the deceased's death.
  3. 3 Whether the stabbing amounted to murder or a lesser offence.

Ratio Decidendi

The court found that although the accused stabbed the deceased, the prosecution failed to prove malice aforethought beyond reasonable doubt. The evidence indicated that the accused and the deceased were engaged in a fight, and the accused had also sustained injuries. The court was not convinced that the accused intended to kill or cause grievous harm, but rather that the stabbing was intended to inflict pain during the altercation. The cause of death was massive bleeding from the stab wound, but the lack of evidence of premeditation or intent to kill led the court to reduce the charge from murder to manslaughter under section 179 of the Criminal Procedure Code and section 202(1) of the...

Court Disposition

conviction for manslaughter

Orders

  • The accused is found guilty of manslaughter contrary to section 202(1) of the Penal Code and is accordingly convicted of this lesser offence.