Republic v Micah Kiprotich & another [2022] KEHC 959 (KLR)
- Court
- High Court of Kenya
- Case number
- 959
- Citation
- [2022] KEHC 959 (KLR)
- Decided
- 29 March 2022
The court finds accused 2 Protus Kachombe Kipkania not guilty of murder and acquits him. The court finds accused 1 Micah Kiprotich guilty of manslaughter.
Facts
The accused, Micah Kiprotich and Protus Kachombe Kipkania, are charged with murder. The prosecution alleges that on June 17-20, 2019, in Banandika forest, accused 1 hit the deceased with a stick, causing a cut on the deceased's head. The prosecution also claims that the deceased had taken cattle to graze in the forest and had not returned.
Issues
- Whether the prosecution has proven the charge of murder against accused 2 Protus Kachombe Kipkania.
- Whether the prosecution has proven the charge of manslaughter against accused 1 Micah Kiprotich.
Reasoning
The court finds that the prosecution has not proven the charge of murder against accused 2. The court finds that accused 1 killed the deceased under circumstances of provocation, thus finding him guilty of manslaughter.
Outcome
Accused 2 Protus Kachombe Kipkania is acquitted. Accused 1 Micah Kiprotich is found guilty of manslaughter.
Orders
- Accused 2 Protus Kachombe Kipkania is released forthwith unless lawfully detained.
Authorities cited
Legislation (1)
- Section 203, Section 204, Section 207, Section 208 of the Penal Code
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