Director of Public Prosecutions v Wasua (Criminal Case E252 of 1000) [2025] KEMC 375 (KLR)
The bottom line
#A Kenyan waitress was convicted of manslaughter after pushing a rowdy club patron who fell and died, even though she never intended to kill him.
What this practically means
#Executive summary
#Key legal issues
#Whether the accused caused the death of the deceased
The court found that it was the accused who caused the death of Musau Muthoka, based on the eyewitness testimony of PW4, the owner's testimony (PW1) and the accused's own admission in her defence.
The post-mortem by Dr. Michieka established death by head injury due to blunt force trauma. PW4, an eyewitness, described the accused pushing the deceased, who fell backwards and hit his head. The accused admitted pushing the deceased out of the club, occasioning his fall. The court found the injuries consistent with the pathologist's findings and attributed causation to the accused.
Whether the death arose out of an unlawful act
The court held that the accused's violent push was an unlawful and dangerous act that occasioned the deceased's death, satisfying the elements of manslaughter.
Applying Republic v Daniel Okello Rapuch, the court found the three elements satisfied: an unlawful act (violently pushing the deceased out), a dangerous act (pushing him against a half-closed door), and causation of death. The court noted the accused had lawful alternatives such as calling for help or the deceased's arrest, and that lack of intention to kill was irrelevant to unlawfulness.
Legal principles established
#- The burden of proving a criminal case rests with the prosecution and never shifts to the accused, who is presumed innocent under Article 50(2)(a) of the Constitution
- Manslaughter under section 205 of the Penal Code requires an unlawful act, the unlawfulness of the act being independent of any intention
Court orders
#- 1.The accused is convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code, Cap 63
- Jurisdiction invoked
- Criminal jurisdiction under the Criminal Procedure Code (Cap 75) and Penal Code (Cap 63); conviction entered under section 215 of the Criminal Procedure Code
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Director of Public Prosecutions v Wasua (Criminal Case E252 of 1000) [2025] KEMC 375 (KLR)", Case Analysis (2025). Criminal Case No. E252 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/375/eng@2025-12-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.