[2025] KEHC 5502 (KLR)

[2025] KEHC 5502 (KLR)

The court found that the prosecution proved the death of the deceased and its cause through medical and witness evidence. Although there was no direct eyewitness to the killing, the court relied on circumstantial evidence: the accused were last seen with the deceased, were armed with pangas, and disappeared from the...

Source-derived case information.

Citation
[2025] KEHC 5502 (KLR)
Parties
Applicant: Republic; Defendant: Moses Kamatil Longai alias Boy; Defendant: Andrew Kipyego Chongwony alias Sebei Moja
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Judgment Date
30 April 2025
Case Number
Criminal Case 17 (E035 of 2021
Procedural Posture
Criminal Case / Judgment
Outcome
conviction
Judges
AC Mrima
Legal Topics
Murder, Malice Aforethought, Circumstantial Evidence, Burden of Proof
Source Language
english
Criminal Law Murder Malice Aforethought Circumstantial Evidence Burden of Proof

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Parties

Republic

Applicant

Moses Kamatil Longai alias Boy

Defendant

Andrew Kipyego Chongwony alias Sebei Moja

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the prosecution proved the charge of murder against the accused to the required standard.
  2. 2 Whether the accused caused the death of the deceased by an unlawful act.
  3. 3 Whether malice aforethought was established.

Ratio Decidendi

The court found that the prosecution proved the death of the deceased and its cause through medical and witness evidence. Although there was no direct eyewitness to the killing, the court relied on circumstantial evidence: the accused were last seen with the deceased, were armed with pangas, and disappeared from the area immediately after the incident. The accused's explanations were found unconvincing and inconsistent. The court held that the chain of circumstantial evidence was complete and pointed unerringly to the guilt of the accused, with no other reasonable hypothesis. The nature and location of the injuries, particularly the deliberate cut to the neck, established malice...

Court Disposition

conviction

Orders

  • Each of the accused, Moses Kamatil Longai alias Boy and Andrew Kipyego Chongwony alias Sebei Moja, is convicted of murder pursuant to Section 322(2) of the Criminal Procedure Code.