Barasa v Republic (Criminal Appeal E003 of 2020) [2026] KECA 161 (KLR) (30 January 2026) (Judgment)

Facts

The appellant was charged with murder after he allegedly armed himself with a machete and forcefully entered the house of the deceased, Boniface Ekesa, and struck him to death. The prosecution called four witnesses, including Victor Barasa, who testified that the appellant was his neighbor and that he heard screams coming from the deceased's house. The deceased had a machete but no weapon, and was bleeding from the head and right hand.

Issues

1. Whether the prosecution proved malice aforethought and the appellant's premeditated action caused the unlawful death of the deceased.
2. Whether the trial court misapprehended and misapplied the medical evidence as to the cause of death.

Reasoning

The court found that the prosecution proved malice aforethought and the appellant's premeditated action caused the unlawful death of the deceased. The court also found that the internal trauma was a direct result of the assault.

Outcome

Appeal dismissed against conviction, death sentence set aside, and substituted with a 25-year imprisonment term.

Authorities cited