Eleman v Republic (Criminal Appeal 9 of 2018) [2025] KECA 828 (KLR) (9 May 2025) (Judgment)

Facts

The appellant, Stephen Eleman, was convicted of murdering his wife, Naomi Wangui Eleman, on May 20, 2015, at Kikopey Trading Centre in Gilgil Sub-County. The appellant was not mentally fit to plead at the time of the trial due to a psychiatric report, but he recovered and was fit to stand trial. The prosecution presented evidence of quarrels between the appellant and his wife, and the appellant's threats to kill her. The deceased's grandmother and other witnesses testified to the circumstances of the murder.

Issues

1. Whether the appellant's plea of insanity was properly rejected
2. Whether the death penalty is appropriate in this case

Reasoning

The court found that the appellant was aware of the events leading to the murder and that the evidence did not support a finding of insanity. The court also noted that the Supreme Court decision in Muruatetu & Ano vs. Republic did not change the court's discretion to impose an appropriate sentence in murder cases.

Outcome

Appeal dismissed

Authorities cited