REPUBLIC v STEPHEN WAMBUA KISUSYA [2006] KEHC 488 (KLR)
- Court
- High Court of Kenya
- Case number
- 488
- Citation
- [2006] KEHC 488 (KLR)
- Decided
- 25 July 2006
The court finds that the accused's actions were not justified and sentences him to 12 months in jail.
Facts
Accused and deceased were co-employees who had been invited for a food treat by their common employer, who also provided beer. The employees, including accused and deceased, took too much of the beer, leading to the deceased lying on the ground outside their employer's house. Accused attempted to walk away but could not because the gates were closed, which infuriated him. He returned and kicked the deceased on the stomach, resulting in the deceased's death.
Issues
- Whether the accused's actions were justified
- The appropriateness of the sentence imposed
Reasoning
The court considers the postmortem results linking the deceased's injuries to the accused's actions and finds that the accused's drunkenness was not an excuse for his breach of the law. The court also takes into account the accused's time in remand.
Outcome
The accused is sentenced to 12 months in jail.
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