[2022] KEHC 10068 (KLR)

[2022] KEHC 10068 (KLR)

The court found that the prosecution failed to prove beyond reasonable doubt that the accused unlawfully killed the deceased with malice aforethought. The evidence established that the accused, a police officer, was attacked by the deceased who was armed with a knife and attempted to seize the accused's firearm. During the ensuing struggle, the firearm discharged, causing the deceased's death. The court accepted the accused's account that the shooting was accidental and occurred in the context of self-defence. There was no evidence that the accused intended to kill or cause grievous harm, nor that he used excessive or disproportionate force. The prosecution did not rebut the self-defence...

Citation
[2022] KEHC 10068 (KLR)
Parties
Applicant: Republic; Defendant: Joshua Korir Toroitich
Court
High Court
Court Station
High Court at Kabarnet
Jurisdiction
Kenya
Judgment Date
21 July 2022
Case Number
Criminal Case 85 of 2017
Procedural Posture
Criminal Case / Judgment
Outcome
acquittal
Judges
WK Korir
Legal Topics
Murder, Self Defence, Malice Aforethought, Use of Force by Police
Source Language
English
Criminal Law Murder Self Defence Malice Aforethought Use of Force by Police

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Joshua Korir Toroitich

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused the death of the deceased with malice aforethought.
  2. 2 Whether the accused acted in self-defence or used reasonable force in the circumstances.
  3. 3 Whether the prosecution proved the charge of murder beyond reasonable doubt.

Ratio Decidendi

The court found that the prosecution failed to prove beyond reasonable doubt that the accused unlawfully killed the deceased with malice aforethought. The evidence established that the accused, a police officer, was attacked by the deceased who was armed with a knife and attempted to seize the accused's firearm. During the ensuing struggle, the firearm discharged, causing the deceased's death. The court accepted the accused's account that the shooting was accidental and occurred in the context of self-defence. There was no evidence that the accused intended to kill or cause grievous harm, nor that he used excessive or disproportionate force. The prosecution did not rebut the self-defence...

Court Disposition

acquittal

Orders

  • The accused, Joshua Korir Toroitich, is acquitted of the charge of murder and set free.