[2012] KEHC 4794 (KLR)
The court found that the accused had been detained for six months without being informed of the charges or provided with the committal bundle, despite the State being given ample time to prepare. This delay was deemed unreasonable and a violation of the accused's constitutional right to a fair trial under Article...
Source-derived case information.
- Citation
- [2012] KEHC 4794 (KLR)
- Parties
- Respondent: Republic; Defendant: Benard Kipyegon Mutai
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2011
- Procedural Posture
- Criminal Case / Pre Trial Ruling on Delay and Accused's Rights
- Outcome
- Conditional order for State to proceed or accused to be discharged.
- Judges
- JW Gacheche
- Legal Topics
- Pre Trial Detention, Right to Fair Trial, Unreasonable Delay, Disclosure of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benard Kipyegon Mutai
Defendant
Procedural Posture
Criminal Case / Pre Trial Ruling on Delay and Accused's Rights
Legal Issues
- 1 Whether the accused's continued detention without being informed of the charges violates his constitutional right to a fair trial.
- 2 Whether the State's failure to provide the committal bundle within six months constitutes unreasonable delay.
Ratio Decidendi
The court found that the accused had been detained for six months without being informed of the charges or provided with the committal bundle, despite the State being given ample time to prepare. This delay was deemed unreasonable and a violation of the accused's constitutional right to a fair trial under Article 50(2) of the Constitution. The court held that the interests of justice required the State to proceed with its case without further delay, failing which the accused would be discharged.
Court Disposition
Conditional order for State to proceed or accused to be discharged.
Orders
- The State is ordered to proceed with its case on the next day; otherwise, the accused shall be discharged.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 43 OF 2011
REPUBLIC ………………………………………………………………PROSECUTOR
VERSUS
BENARD KIPYEGON MUTAI ………………………………..………...……ACCUSED
RULING
BENARD KIPYEGON MUTAIwas initially arraigned before court on 23/9/2011, when it was ordered that his plea would be taken on 17/10/2011. It was also ordered that he be remanded at the Kericho Police Station up to 26/9/2011 after which he would be escorted to the G.K. Prisons at Kericho.
When he appeared before me on 17/10/2011, the learned State Counsel intimated that the accused had yet to be assessed by a psychiatrist and I ordered that he be assessed at the Provincial General Hospital Nakuru.
The accused then appeared before me 25/01/2012, on which date the State Counsel informed the court that though he had requested for the bundle it had yet to be availed by the investigating officer and he sought for an adjournment, which I granted, but by 3/2/2012, when the matter was listed for taking of the plea, the State had once again not received the bundle and at this point though the defence counsel had no objection to an adjournment being granted, he however pointed out that the matter had taken too long. An adjournment was granted till 12/03/2012, but unfortunately, the State had not managed to obtain the duplicate file, and the court was informed that the Investigating Officer had intimated that he was still carrying out investigations and that he would avail it thereafter.
Mr. Koko, who appears for the accused now urges the court to find that the State has not been ready to proceed, and that the accused has not been informed of the charges that face him; that his continued detention is unlawful and illegal which in his view is in violation of Article 50 of the Constitution. He relied on the R. V. Kamonde H.C.Cr. C. No. (Nyeri) 133/2003.
I have considered the submissions herein and it is evident from the proceedings herein that the accused was arrested on 22/9/2011, and that though it has been accorded ample time, the State has not been able to avail the committal bundle for the last six months.
I am alive to the fact that under Article 50 (2) of the Constitution, ‘every accused person has the right to a fair trial, which includes the rightto be informed of the charge, with sufficient detail to answer it; to have the trial begin and conclude without unreasonable delay; to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence;
Six months is a long time for one to wait to be informed of what charges face him. I would in the interest of justice order that the State do ensure that it proceeds with its case tomorrow, otherwise the accused shall be discharged.
Dated and delivered at Kericho this 24th day of April 2012.
JEANNE GACHECHE
Judge
Delivered in the presence of:-
For the State – Mr. Rogoncho
For the Accused – Mr. Koko.