[2015] KEHC 5373 (KLR)
The court found that while the accused assaulted the deceased, resulting in her death, the prosecution failed to prove malice aforethought. The evidence showed that the fatal injuries occurred during a fight between the accused and the deceased, and there was no intention to kill. Therefore, the facts established...
Source-derived case information.
- Citation
- [2015] KEHC 5373 (KLR)
- Parties
- Applicant: Republic; Defendant: W L
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2014
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- convicted of manslaughter
- Legal Topics
- Murder, Manslaughter, Malice Aforethought, Criminal Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
W L
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the accused unlawfully caused the death of the deceased.
- 2 Whether the accused acted with malice aforethought as required for a conviction of murder.
- 3 Whether the facts support a conviction for manslaughter rather than murder.
Ratio Decidendi
The court found that while the accused assaulted the deceased, resulting in her death, the prosecution failed to prove malice aforethought. The evidence showed that the fatal injuries occurred during a fight between the accused and the deceased, and there was no intention to kill. Therefore, the facts established the offence of manslaughter rather than murder. The accused's own admission and the corroborating witness testimonies supported this conclusion. The court accordingly convicted the accused of manslaughter under section 202(1) of the Penal Code.
Court Disposition
convicted of manslaughter
Orders
- The accused is found guilty of manslaughter contrary to section 202(1) of the Penal Code and is convicted accordingly.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT KITALE.
CRIMINAL CASE NO. 7 OF 2014.
REPUBLIC.……………………………………………………………..PROSECUTOR
VERSUS
W L….…………………………….............................………………………ACCUSED.
J U D G M E N T.
The accused, W L, is charged with murder, contrary to section 203 read with section 204 of the penal code, in that on the 14th January, 2014, in Turkana County, murdered RA I.
The case for the prosecution was that on the material date, M E (PW2), daughter to the accused and the deceased was at their village when she was attracted by noise and shouts. She enquired and found her parents fighting and in the process her mother was hit and injured with a stick by her father. She (mother) fell down on the ground.
The accused's mother, S K (PW1), proceeded to the scene and found the deceased lying down on the ground having sustained fatal injuries. This was confirmed by a neighbour, Catherine Ekidor Etole (PW3).
A police reservist, Sylvester Enoit (PW4), reported the matter to the police and after necessary investigations by P.C. Moses Nakale (PW5), the accused was charged with the present offence.
In his defence, the accused denied the charge of murder but admitted that he assaulted the deceased without any intention of killing her.
Indeed, in this court's opinion, the fact of the deceased's being assaulted by the accused was not disputed. However, the fact that the accused committed the act with the necessary malice aforethought to kill the deceased was not proved and was indeed disproved by the undisputed fact that the two were fighting when the deceased met her unfortunate death.
In essence, the prosecution has proved a charge of manslaughter against the accused who readily admits as much. Consequently, the accused is found guilty of manslaughter contrary to section 202 (1) PC and is convicted accordingly.
[Delivered and signed this 22nd day of April, 2015. ]
J.R. KARANJA.
JUDGE.