[2017] KEHC 8633 (KLR)

Parties

Procedural Posture

Criminal Murder Case / Judgment

Legal Issues

1. 1 Whether the accused caused the death of the deceased by an unlawful act or omission.
2. 2 Whether the accused acted with malice aforethought as required for the offence of murder.
3. 3 Whether the accused's actions were justified as self-defence.

Ratio Decidendi

The court found that while the deceased died as a result of a penetrating wound to the skull following an assault, the evidence did not establish beyond reasonable doubt that the accused acted with malice aforethought. The court accepted that the accused and the deceased were engaged in a spontaneous fight, both likely intoxicated, and that the accused sustained serious injuries consistent with self-defence. The only eyewitness account was inconsistent with the medical evidence, particularly regarding the location of the fatal wound. The court concluded that the accused acted in self-defence but used excessive force, negating malice aforethought. Consequently, the prosecution failed to...

Court Disposition

Accused found not guilty of murder but convicted of assault causing actual bodily harm under Section 251 of the Penal Code.

Orders

• The accused is acquitted of the offence of murder.
• The accused is convicted of assault causing actual bodily harm contrary to Section 251 of the Penal Code.