Republic v Nicholas Ngugi Bangwa [2015] KEHC 2157 (KLR)
- Court
- High Court of Kenya
- Case number
- 2157
- Citation
- [2015] KEHC 2157 (KLR)
- Decided
- 1 October 2015
The court finds that there is doubt that the accused was in a state of mind to know what he was doing or that what he was doing was wrong at the time he committed the offence. Consequently, the court finds malice aforethought was not proved and the accused is guilty of Manslaughter.
Facts
The accused was charged with Murder for the death of Ruth Wangui Wanjiru, who was found dead with her neck tied with a rope at the gate of her room. The prosecution alleged the accused strangled her, while the accused claimed he was drunk and did not know what he was doing.
Issues
- Whether the accused was in a state of mind to know what he was doing or that what he was doing was wrong at the time he committed the offence.
- Whether the accused's intoxication at the time of the incident should be considered in determining an intention to commit the offence.
Reasoning
The court considers the evidence and the circumstances of the case, including the accused's heavy alcohol abuse and the possibility of intoxication, and concludes that the accused's state of mind at the time of the incident was questionable.
Outcome
The accused is found guilty of Manslaughter and sentenced accordingly.
Orders
- Substituting the charge from Murder to Manslaughter
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Act
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