[2023] KEHC 2705 (KLR)
The court determined that the repeated extensions of the warrant of arrest against the 2nd accused, without any tangible progress by the police in effecting the arrest, amounted to an abuse of process and hindered the administration of justice. The judge held that it was no longer tenable to continue extending the...
Source-derived case information.
- Citation
- [2023] KEHC 2705 (KLR)
- Parties
- Defendant: APC Lawrence Chege; Defendant: APC Julius Kukutia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2022
- Procedural Posture
- Criminal Case / Directions on Execution of Warrant of Arrest and Further Conduct of Proceedings
- Outcome
- Directions issued for DPP and DCIO Headquarters to take immediate action: either arrest the 2nd accused or withdraw charges; case against 1st accused to proceed to plea and hearing.
- Judges
- GL Nzioka
- Legal Topics
- Murder Charge, Warrant of Arrest, Failure to Execute Warrant, Withdrawal of Charges, Plea Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
APC Lawrence Chege
Defendant
APC Julius Kukutia
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Directions on Execution of Warrant of Arrest and Further Conduct of Proceedings
Legal Issues
- 1 Whether the continued extension of the warrant of arrest against the 2nd accused is justified in the absence of progress in executing the arrest.
- 2 What steps should be taken when the police fail to execute a warrant of arrest and the case cannot proceed.
Ratio Decidendi
The court determined that the repeated extensions of the warrant of arrest against the 2nd accused, without any tangible progress by the police in effecting the arrest, amounted to an abuse of process and hindered the administration of justice. The judge held that it was no longer tenable to continue extending the warrant indefinitely. The court therefore directed that the order be served upon the DPP and DCIO Headquarters for immediate action: either to arrest the 2nd accused forthwith or to withdraw the charges against him, so that the case against the 1st accused could proceed to plea and hearing. This approach ensures that the proceedings are not stalled indefinitely due to the...
Court Disposition
Directions issued for DPP and DCIO Headquarters to take immediate action: either arrest the 2nd accused or withdraw charges; case against 1st accused to proceed to plea and hearing.
Orders
- This order/direction or ruling be served upon the DPP and DCIO Headquarters for necessary action of either arresting the accused forthwith or withdrawal of the charges.
- If charges are withdrawn against the 2nd accused, the 1st accused to proceed with plea and the case be fixed for hearing.
Full Case Text
Judgment text and source record
22 paragraphs
Chege & another v Republic (Criminal Case E014 of 2022) [2023] KEHC 2705 (KLR) (29 March 2023) (Directions)
Neutral citation: [2023] KEHC 2705 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Case E014 of 2022
GL Nzioka, J
March 29, 2023
Between
APC Lawrence Chege
1st Accused
APC Julius Kukutia
2nd Accused
and
Republic
Prosecutor
Directions
1. On July 18, 2022, the state signed an information sheet wherein two accuseds namely APC Lawrence Chege and APC Julius Kukutia were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Subsequently both accuseds were served with summons to appear in court. The 1st accused appeared but the 2nd accused has never appeared. As a result a warrant of arrest was issued against him on October 12, 2022. The warrant of arrest has been extended on several occasions. The court was then informed that, the state was encountering difficulties in executing the warrant of arrest through DCIO Nakuru. The state sought the warrant of arrest be issued to be served through National Police Service and DCI Headquarters.
3. The order was granted. Later the court was informed on the 5th day of December 2022 that the warrant of arrest was received by one Elijah Kiarie of IPOA, but had not been executed. The state sought for summons to issue to the DCIO to explain why the warrant of arrest had not been executed. The order was granted.
4. Subsequently No 231654 Mr Adan Ahmed Hassan appeared in court on December 15, 2022 and explained the efforts made to trace and arrest the 1st accused. He then sought for more time and the court ordered the warrant of arrest remain in force.
5. On January 30, 2023, Mr Adan SCCO told the court, the elders from the accuseds home area had told him, they would get the accused and avail him, and sought for more time. However, on February 13, 2023 the DCIO-through Mr Adan had no report of the arrest of the suspect or any possibility of the same. It is clear that, the alleged efforts to arrest the 2nd accused are not bearing any fruits. As it is the police to arrest him and they have failed to do so. The case cannot continue in court as the warrant of arrest keep being extended with no indication of arresting the accused. I therefore direct that, this order/direction or ruling be served upon the DPP and DCIO Headquarter for the necessary action of either arresting the accused forthwith or withdrawal of the charges, for the 1st accused to proceed with a plea and the case be fixed for hearing.It is so ordered.
Dated, delivered and signed on this 29th day of March 2023GRACE L. NZIOKAJUDGEIn the presence of:Mr. Atika for the StateMr. Owuor for the 1st accused-presentMs Ogutu: Court AssistantAccuseds- Absent