Republic v Benjamin Kemboi Yano
The bottom line
#In Kenya, you cannot use self-induced intoxication as a legal defense for criminal acts.
What this practically means
#Executive summary
#Key legal issues
#Whether the defence of intoxication was available to the accused
The defence fails: the intoxication was self-induced, raised as an afterthought only in unsworn evidence, and thus had no probative value
The court found no evidence during the substantive hearing, including cross-examination of prosecution witnesses, that intoxication was raised. Because the accused gave unsworn evidence, he could not be cross-examined on the claim, depriving it of probative value. Section 13(2)(a) of the Penal Code excludes self-induced intoxication, and the Court of Appeal in Kupele ole Kitaiga warns against drunkenness as a cover for criminal acts.
Whether malice aforethought was established
Malice aforethought was inferred from the accused taking out a knife and stabbing the deceased three times, including twice on the neck, knowing this would fatally injure him
Two eyewitnesses (PW3 and PW4) placed the stabbing at the accused's hand, and the injuries were consistent with the pathologist's findings of severe haemothorax due to assault. The court held that deliberately drawing a knife and stabbing the neck constituted malice aforethought, satisfying all ingredients of murder under Section 203 of the Penal Code.
Legal principles established
#- Intoxication shall not constitute a defence to any criminal charge save as provided in Section 13 of the Penal Code; self-induced intoxication cannot avail an accused
Court orders
#- 1.The accused is found guilty of murdering the deceased under the provisions of Section 203 of the Penal Code
- Jurisdiction invoked
- Original criminal jurisdiction over murder contrary to Section 203 as read with Section 204 of the Penal Code
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Benjamin Kemboi Yano", Case Analysis (2020). Criminal Case No. 14 of 2018. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.