Juma v Director of Public Prosecutions & another (Petition 160 of 2012) [2012] KEHC 2618 (KLR) (30 July 2012) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2618
- Citation
- [2012] KEHC 2618 (KLR)
- Decided
- 30 July 2012
The court finds that the deceased's death was due to a road traffic accident and that the respondents did not violate her right to life by failing to investigate her death.
Facts
The deceased, Agnes Takaa Juma, died in a road traffic accident on January 29, 2010. However, the petitioner alleges that the circumstances of her death were not as a result of a road traffic accident but rather a 'ritual killing'. The petitioner seeks an inquest into the death and damages.
Issues
- Whether the petitioner's right to life was violated by the respondents
- Whether the respondents violated the deceased's right to life by failing to investigate her death
Reasoning
The court notes that the driver of the motor vehicle that hit the deceased has provided a statement explaining the circumstances of her death. The court also points out that the police had recommended an inquest into the death, even though it appeared clear that the deceased had died in a road traffic accident.
Outcome
The court dismissed the petition.
Authorities cited
Legislation (3)
- Criminal Procedure Code
- Law Reform Act
- Fatal Accidents Act
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