Republic v Fred Wafula Oyugi [2015] KEHC 3074 (KLR)

Facts

The deceased, Jackson Maina Macharia, was the proprietor of Lips Bar in Kitale Town. The accused, Fred Wafula Oyugi, was a former employee of the club. On September 21, 2011, at about 9:45 PM, the accused was at the club when the deceased confronted him and asked him to leave. A physical altercation ensued, and the deceased was stabbed with a knife, leading to his death.

Issues

1. Whether the accused acted with the intention to kill the deceased
2. Whether the fatal injury was caused by an unlawful act of assault

Reasoning

The court found that the deceased was the aggressor and that the accused may have acted in self-defense but went further to use excessive force. The court did not find the accused to have the necessary malice aforethought to kill the deceased.

Outcome

Guilty of Manslaughter

Authorities cited