[2020] KEHC 7706 (KLR)
The court found that the case had been pending for six years, with multiple adjournments and no substantive progress. The prosecution had been given ample opportunity to present its case but failed to do so, and the accused's right to a speedy trial had been compromised. The court determined that further adjournment...
Source-derived case information.
- Citation
- [2020] KEHC 7706 (KLR)
- Parties
- Applicant: Republic; Respondent: Benard Lichuma Tunga
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2014
- Procedural Posture
- Criminal Case / Ruling on Adjournment Application
- Outcome
- Application for adjournment declined.
- Judges
- CM Njagi
- Legal Topics
- Adjournment of Trial, Right to Speedy Trial, Prosecutorial Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Lichuma Tunga
Respondent
Procedural Posture
Criminal Case / Ruling on Adjournment Application
Legal Issues
- 1 Whether the prosecution should be granted a further adjournment in a criminal case pending for six years.
- 2 Whether the accused's constitutional right to a speedy trial has been violated by repeated adjournments.
Ratio Decidendi
The court found that the case had been pending for six years, with multiple adjournments and no substantive progress. The prosecution had been given ample opportunity to present its case but failed to do so, and the accused's right to a speedy trial had been compromised. The court determined that further adjournment would be unjustified and contrary to constitutional guarantees, and therefore declined the State's application for adjournment.
Court Disposition
Application for adjournment declined.
Orders
- The State's application for adjournment is declined.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 6 OF 2014
REPUBLIC ............................................................................PROSECUTOR
VERSUS
BENARD LICHUMA TUNGA ....................................................ACCUSED
RULING
1. This matter came up for hearing on the 28/1/2020 when the State Counsel Mr. Mutua applied for adjournment on the grounds that he did not have the police file and that there were no witnesses present. Miss Ashitsa, learned counsel for the accused opposed the application on the grounds that the case was filed in 2014 and that since then no witnesses have ever testified. That on 8/10/2019 Justice Musyoka had given last adjournment in the case.
2. I have perused the court file. The case was filed in 2014. Since then it has had not less than a dozen hearings. During that time some witnesses did appear in court on 16/9/2014, 2/11/2015 and 11/5/2016. However on all these occasions the case was adjourned for non-appearance by the defence counsel.
3. Miss Ashitsa was appointed to act in the matter on 6/6/2018. Since then there has been some 7 adjournments. Two witnesses did turn up on 4/7/2018 but Miss Ashitsa was not present. Since that date witnesses have not turned up on subsequent hearings on 23/10/2018, 29/1/2019, 5/3/2019, 20/5/2019, 8/10/2019 and 28/1/2020. It is during this time that Justice Musyoka gave a last adjournment on 8/10/2019.
4. I have considered the application for adjournment and the objection thereto by Miss Ashitsa. The accused made his first appearance in court on 29/1/2014. The case has therefore been hanging over his neck for the last 6 years. The Constitution expects the accused to be accorded a speedy and expeditious trial. A delay of 6 years in the trial is not excusable. In my considered view the prosecution has been given sufficient time to prosecute the case and they have failed to do so.
5. The upshot is that the application by the State Counsel for adjournment of the matter to another date is declined.
Delivered, dated and signed in open court at Kakamega this 20th day of February, 2020.
J. N. NJAGI
JUDGE
In the presence of:
Mr. Mutua for State
Miss Ashitsa for Accused
Accused – present
Court Assistant - Polycap
14 days right of appeal.