[2020] KEHC 4886 (KLR)
The court found that the prosecution's evidence, particularly from PW5 and PW6, established that the deceased was the aggressor and that the accused acted in response to being attacked. The evidence did not support malice aforethought required for murder but did support the lesser offence of manslaughter....
Source-derived case information.
- Citation
- [2020] KEHC 4886 (KLR)
- Parties
- Applicant: Republic; Defendant: Josphat Ngugi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 55 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Accused Acquitted of Murder, Placed on Defence for Manslaughter
- Outcome
- Accused acquitted of murder; placed on defence for manslaughter.
- Legal Topics
- Murder, Manslaughter, Burden of Proof, Self Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Josphat Ngugi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Accused Acquitted of Murder, Placed on Defence for Manslaughter
Legal Issues
- 1 Whether the prosecution proved the offence of murder against the accused beyond reasonable doubt.
- 2 Whether the evidence supports a conviction for the lesser offence of manslaughter.
Ratio Decidendi
The court found that the prosecution's evidence, particularly from PW5 and PW6, established that the deceased was the aggressor and that the accused acted in response to being attacked. The evidence did not support malice aforethought required for murder but did support the lesser offence of manslaughter. Consequently, the accused was acquitted of murder and placed on his defence for manslaughter.
Court Disposition
Accused acquitted of murder; placed on defence for manslaughter.
Orders
- Accused acquitted of murder charge.
- Accused to be placed on defence for manslaughter charge.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 55 OF 2019
REPUBLIC ............................................................................................................DPP
VERSUS
JOSPHAT NGUGI.....................................................................................ACCUSED.
RULING
Josphat Ngugi is charged with offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that Josphat Ngugi on the 3rd day of July 2019 at Kindani Location in Igembe South Sub-county within Meru County murdered Amareded Karingori.
The prosecution availed 7 witnesses to support its case. However, the evidence of PW5 and PW6 was to the effect that the deceased was the aggressor and that the accused picked a frame/firewood and used it to hit the deceased on the head when he realised the accused was overpowering him. PW6 said that the deceased boxed the accused and that she also heard the accused complaining that the deceased had kicked him.
In consideration of the evidence of PW5 and PW6 this court finds that the prosecutions evidence supports the offence of manslaughter and not murder. The accused is therefore acquitted of the offence of murder and placed on his defence for the lesser charge of Manslaughter.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 27TH DAY OF FEBRUARY 2020.
In the presence of :
C/A: Kinoti
Accused:- Present in person
State: Ms Mbithe for state.
Mr Muriera Advocate for accused
HON A. ONG’INJO
JUDGE
Mr Muriera Advocate
Accused will give sworn statement.
Order: Defence hearing 19. 3.2020
HON A. ONG’INJO
JUDGE