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Republic v Abdiaziz Hassan Abdiow [2018] KEHC 1693 (KLR)

[2018] KEHC 1693 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1693
Citation
[2018] KEHC 1693 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction and acquittalCoramGeorge Dulu
Holding

The court finds that the prosecution did not prove the case of murder against the accused and acquits him.

Facts

The accused, Abdiaziz Hassan Abdiow, is charged with murder of Halima Mohamed on 8 April 2013. The prosecution presented evidence of a mobile phone and a knife, but the court found these insufficient to prove the accused's guilt.

Issues

  1. Whether the accused caused the death of the deceased
  2. Whether the death was unlawful
  3. Whether the prosecution proved malice aforethought

Reasoning

The prosecution failed to establish that the accused caused the death of the deceased and that the death was unlawful. The court also found that malice aforethought was not proven.

Outcome

Not Guilty

Authorities cited

Legislation (1)
  • Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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