REPUBLIC v PHYLES MUENI ANTHONY [2012] KEHC 3789 (KLR)
- Court
- High Court of Kenya
- Case number
- 3789
- Citation
- [2012] KEHC 3789 (KLR)
- Decided
- 13 June 2012
The court finds the prosecution's case not proved beyond reasonable doubt and acquits the accused.
Facts
On September 13, 2011, at 3 a.m., the accused, who lived with two school-going female children, heard a person knocking on her door. She called her neighbor, who advised her to start screaming. The neighbor and his son arrived and saw the accused cutting the person with a panga. The person ran and fell down. Neighbors responded and found the person lying down. The post-mortem report showed the deceased died from cardio respiratory arrest secondary to subdural haemotoma.
Issues
- Was the accused guilty of murder?
- Who was responsible for the deceased's injuries?
Reasoning
The court is not satisfied that the accused caused the injuries that led to the deceased's death and had malice afore thought. The evidence suggests the deceased was beaten and thrown stones at by others.
Outcome
Acquitted
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Code
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