[2016] KEHC 2523 (KLR)

[2016] KEHC 2523 (KLR)

The court found that the prosecution failed to prove beyond reasonable doubt that the accused caused the death of the deceased through an unlawful act or omission, or that she acted with malice aforethought. The evidence was entirely circumstantial, with no direct link between the accused and the death. The post-mortem report could not ascertain the cause of death, and the prosecution did not establish that the accused's actions resulted in the deceased's demise. The standard of proof required in criminal cases was not met, and the accused was therefore acquitted.

Citation
[2016] KEHC 2523 (KLR)
Parties
Applicant: Republic; Defendant: Nancy Lihanda
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
28 October 2016
Case Number
Criminal Case 15 of 2011
Procedural Posture
Criminal Murder Trial / Judgment
Outcome
acquittal
Judges
AT Sitati
Legal Topics
Murder, Circumstantial Evidence, Standard of Proof, Malice Aforethought
Source Language
English
Criminal Law Murder Circumstantial Evidence Standard of Proof Malice Aforethought

Case Brief

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Parties

Republic

Applicant

Nancy Lihanda

Defendant

Procedural Posture

Criminal Murder Trial / Judgment

Legal Issues

  1. 1 Whether the accused, Nancy Lihanda, murdered Bernard Kusinjiru.
  2. 2 Whether the prosecution proved the cause of death and malice aforethought beyond reasonable doubt.

Ratio Decidendi

The court found that the prosecution failed to prove beyond reasonable doubt that the accused caused the death of the deceased through an unlawful act or omission, or that she acted with malice aforethought. The evidence was entirely circumstantial, with no direct link between the accused and the death. The post-mortem report could not ascertain the cause of death, and the prosecution did not establish that the accused's actions resulted in the deceased's demise. The standard of proof required in criminal cases was not met, and the accused was therefore acquitted.

Court Disposition

acquittal

Orders

  • The accused, Nancy Lihanda, is acquitted of the offence of murder under Section 322(1) of the Criminal Procedure Code.
  • The accused is to be set at liberty forthwith unless otherwise lawfully held.