Republic v Tasika (Criminal Case 32 of 2023) [2026] KEHC 5143 (KLR) (23 April 2026) (Judgment)

Republic v Tasika (Criminal Case 32 of 2023) [2026] KEHC 5143 (KLR) (23 April 2026) (Judgment)

The prosecution proved beyond reasonable doubt that the accused unlawfully caused the deaths of Mercy Andeso and Hope Imali with malice aforethought. The defence of self-defence was not supported by the evidence, given the multiplicity and severity of injuries and the deliberate smothering of the infant. Circumstantial evidence and the accused's conduct after the incident corroborated guilt.

Citation
[2026] KEHC 5143 (KLR)
Parties
Prosecution: Republic; Accused: William Masika Tasika
Court
High Court
Jurisdiction
Kenya
Judgment Date
23 April 2026
Case Number
Criminal Case 32 of 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Murder, Malice Aforethought, Self Defence, Circumstantial Evidence
Source Language
English
Criminal Law Murder Malice Aforethought Self Defence Circumstantial Evidence

Case Brief

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Parties

Republic

Prosecution

William Masika Tasika

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused the deaths of Mercy Andeso and Hope Imali
  2. 2 Whether the accused acted with malice aforethought
  3. 3 Whether the defence of self-defence is available to the accused

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused unlawfully caused the deaths of Mercy Andeso and Hope Imali with malice aforethought. The defence of self-defence was not supported by the evidence, given the multiplicity and severity of injuries and the deliberate smothering of the infant. Circumstantial evidence and the accused's conduct after the incident corroborated guilt.

Court Disposition

conviction

Orders

  • The accused is found guilty on both counts of murder contrary to section 203 as read with section 204 of the Penal Code and is hereby convicted on each count.