[2023] KEHC 23925 (KLR)

[2023] KEHC 23925 (KLR)

The court found that the prosecution proved the death and cause of death (strangulation) of the deceased beyond reasonable doubt. The accused was the last person seen with the child alive, and there was no evidence of any other person accessing the house or any implement used in the offence. The court relied on circumstantial evidence and the doctrine of last seen to infer that the accused committed the act of strangulation. However, the court found no evidence of malice aforethought, intention, or premeditation. The prosecution did not establish motive or direct evidence of the accused's intent to kill. Consequently, the court held that while the accused caused the death of the child,...

Citation
[2023] KEHC 23925 (KLR)
Parties
Applicant: Republic; Defendant: Faith Kavindu Mbithe
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
17 October 2023
Case Number
Criminal Case 17 of 2019
Procedural Posture
Criminal Case / Judgment
Outcome
Convicted of manslaughter; acquitted of murder.
Judges
MW Muigai
Legal Topics
Murder, Manslaughter, Malice Aforethought, Circumstantial Evidence, Burden of Proof
Source Language
English
Criminal Law Murder Manslaughter Malice Aforethought Circumstantial Evidence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Faith Kavindu Mbithe

Defendant

Procedural Posture

Criminal 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 prosecution proved its case beyond reasonable doubt based on circumstantial evidence.

Ratio Decidendi

The court found that the prosecution proved the death and cause of death (strangulation) of the deceased beyond reasonable doubt. The accused was the last person seen with the child alive, and there was no evidence of any other person accessing the house or any implement used in the offence. The court relied on circumstantial evidence and the doctrine of last seen to infer that the accused committed the act of strangulation. However, the court found no evidence of malice aforethought, intention, or premeditation. The prosecution did not establish motive or direct evidence of the accused's intent to kill. Consequently, the court held that while the accused caused the death of the child,...

Court Disposition

Convicted of manslaughter; acquitted of murder.

Orders

  • The charge of murder is reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
  • The accused is found guilty of manslaughter.