REPUBLIC v JOHN KIBET BUSIENEI [2011] KEHC 1034 (KLR)

Facts

The accused, John Kibet Busienei, is alleged to have murdered Jacob Mwiti M'Ikiara on August 11, 2005, at Jua Kali Trading Centre in Uasin Gishu District. The prosecution's case was based on the testimony of eight witnesses, including the deceased's workmate Joel Mwangi, who reported the accused assaulting the deceased with a stick. The accused was also reported to have made threatening remarks earlier that day.

Issues

1. Whether the accused acted with malice aforethought in the assault on the deceased
2. Whether the accused's intoxication on the day of the incident should be considered in determining the nature of the charge

Reasoning

The evidence suggests a drunken brawl between the accused and the deceased, leading to the deceased's fatal injuries. The court finds it difficult to establish malice aforethought and thus convicts of manslaughter.

Outcome

Guilty of manslaughter

Authorities cited