Jonathan Lemiso Ole Kini v Republic [2018] KECA 614 (KLR)
- Court
- Court of Appeal
- Case number
- 614
- Citation
- [2018] KECA 614 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureFirst AppealCoramKIHARA KARIUKI (PCA), MUSINGA & M’INOTI, JJ.A.
Holding
The court held that the appellant had malice aforethought and the charge of murder was well proved.
Facts
The appellant, Jonathan Lemiso Ole Kini, was accused of murdering Simon Koli on 25 June 2013. The appellant was a game ranger and had a firearm. The deceased, Simon Koli, was alleged to have broken into the appellant's house and fled to Maasai Village.
Issues
- Whether the appellant had malice aforethought in causing the death of the deceased
- Whether the death sentence is constitutional
Reasoning
The court found that the appellant intended to kill the deceased or inflict grievous harm, as evidenced by the use of a firearm, the distance between the appellant and the deceased, and the nature of the weapon.
Outcome
Affirmed the conviction and death sentence
Orders
- Remitted to the High Court for re-hearing on sentence only
Authorities cited
Legislation (2)
- Penal Code
- Constitution of Kenya
Cases cited (3)
- JOSEPH KIMANI NJAU v REPUBLIC
- BONAYA TUTU IPU & ANOTHER v REPUBLIC
- FRANCIS KARIOKO MURUATETU v REPUBLIC
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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