[2017] KEHC 199 (KLR)

[2017] KEHC 199 (KLR)

The court found that the accused, a trained KWS officer, shot and killed the deceased during a scuffle while attempting to arrest him for poaching-related offences. Although the deceased resisted arrest and threatened the accused with a panga, the accused had other non-lethal options available, including seeking assistance from colleagues or retreating. The accused's use of lethal force—shooting the deceased in the head—was deemed disproportionate to the threat posed. The court rejected the plea of self-defence, holding that the accused failed to exhaust non-violent means and used more force than necessary. However, the court also found that the accused did not act with malice...

Citation
[2017] KEHC 199 (KLR)
Parties
Applicant: Republic; Defendant: Lesire Ole Kipees
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
10 November 2017
Case Number
Criminal Case 96 of 2009
Procedural Posture
Criminal Case / Judgment
Outcome
Convicted of manslaughter; acquitted of murder.
Judges
JV Juma
Legal Topics
Murder, Manslaughter, Self Defence, Use of Force by Police, Malice Aforethought
Source Language
English
Criminal Law Murder Manslaughter Self Defence Use of Force by Police Malice Aforethought

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Lesire Ole Kipees

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused the death of the deceased with malice aforethought.
  2. 2 Whether the accused's actions amounted to self-defence under the law.
  3. 3 Whether the prosecution proved the charge of murder beyond reasonable doubt.

Ratio Decidendi

The court found that the accused, a trained KWS officer, shot and killed the deceased during a scuffle while attempting to arrest him for poaching-related offences. Although the deceased resisted arrest and threatened the accused with a panga, the accused had other non-lethal options available, including seeking assistance from colleagues or retreating. The accused's use of lethal force—shooting the deceased in the head—was deemed disproportionate to the threat posed. The court rejected the plea of self-defence, holding that the accused failed to exhaust non-violent means and used more force than necessary. However, the court also found that the accused did not act with malice...

Court Disposition

Convicted of manslaughter; acquitted of murder.

Orders

  • The accused is acquitted of the offence of murder.
  • The accused is convicted of the lesser offence of manslaughter contrary to Section 202 of the Penal Code.