[2013] KEHC 4985 (KLR)

[2013] KEHC 4985 (KLR)

The court found that the accused, Richard Siele, inflicted the fatal injuries on the deceased, Joseph Kipkurui Korir, as corroborated by two eyewitnesses and medical evidence. However, the court was satisfied that the accused was intoxicated at the time of the offence, as confirmed by witness testimony and the...

Source-derived case information.

Citation
[2013] KEHC 4985 (KLR)
Parties
Applicant: Republic; Defendant: Richard Siele
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
31 January 2013
Case Number
Criminal Case 111 of 2010
Procedural Posture
Criminal Case / Judgment
Outcome
Convicted of manslaughter.
Legal Topics
Murder, Manslaughter, Malice Aforethought, Intoxication Defence, Burden of Proof
Source Language
english
Criminal Law Murder Manslaughter Malice Aforethought Intoxication Defence Burden of Proof

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Parties

Republic

Applicant

Richard Siele

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused inflicted the fatal injuries on the deceased.
  2. 2 Whether the accused had malice aforethought at the time of the offence.
  3. 3 Whether intoxication negated the accused's ability to form intent for murder.

Ratio Decidendi

The court found that the accused, Richard Siele, inflicted the fatal injuries on the deceased, Joseph Kipkurui Korir, as corroborated by two eyewitnesses and medical evidence. However, the court was satisfied that the accused was intoxicated at the time of the offence, as confirmed by witness testimony and the accused's own statements. While intoxication does not constitute a defence under Section 13(1) of the Penal Code, it is relevant in assessing whether the accused was capable of forming malice aforethought. The court concluded that due to his drunken state, the accused was incapable of forming the requisite intention for murder. Consequently, the charge of murder was not established,...

Court Disposition

Convicted of manslaughter.

Orders

  • The accused is found guilty of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code and convicted accordingly.