[2019] KEHC 2209 (KLR)

[2019] KEHC 2209 (KLR)

The court found that while the accused participated in the fight that led to the deceased's death, there was no direct evidence that he inflicted the fatal blow. However, by acting together with his brothers, the accused was deemed to have shared a common intention. The court determined that the prosecution failed...

Source-derived case information.

Citation
[2019] KEHC 2209 (KLR)
Parties
Applicant: Republic; Defendant: Ruan Reath
Court
High Court
Court Station
High Court at Lodwar
Jurisdiction
Kenya
Judgment Date
1 October 2019
Case Number
Criminal Case 6 of 2017
Procedural Posture
Criminal Case / Judgment
Outcome
acquittal
Judges
J Wakiaga
Legal Topics
Murder, Malice Aforethought, Self Defence, Provocation, Common Intention
Source Language
english
Criminal Law Murder Malice Aforethought Self Defence Provocation Common Intention

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Parties

Republic

Applicant

Ruan Reath

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused caused the death of the deceased by an unlawful act.
  2. 2 Whether the accused acted with malice aforethought.
  3. 3 Whether the defences of self-defence or provocation were available to the accused.

Ratio Decidendi

The court found that while the accused participated in the fight that led to the deceased's death, there was no direct evidence that he inflicted the fatal blow. However, by acting together with his brothers, the accused was deemed to have shared a common intention. The court determined that the prosecution failed to prove malice aforethought, as the evidence indicated the accused's intent was to rescue his sister and not to kill the deceased. The court also found that the defences of self-defence and provocation were available to the accused, given the circumstances of the incident and the actions of the deceased's group. Consequently, the prosecution failed to prove the charge of murder...

Court Disposition

acquittal

Orders

  • The accused is found not guilty and acquitted of the charge of murder.
  • The accused shall be set free forthwith unless otherwise lawfully held.