[2017] KEHC 343 (KLR)
The court determined that it could not proceed to rule on the Victim's application without first obtaining further information regarding the accused's involvement in other criminal cases, the status of those cases, any bail terms, and a report on the welfare of the deceased's children. The court exercised its...
Source-derived case information.
- Citation
- [2017] KEHC 343 (KLR)
- Parties
- Applicant: Republic; Defendant: Eric Makau Musila; Respondent: Victim's family
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Murder Case 5 of 2016
- Procedural Posture
- Criminal Case / Directions Prior to Ruling on Victim's Application
- Outcome
- Further directions issued; ruling on Victim's application deferred pending additional information.
- Judges
- CW Meoli
- Legal Topics
- Murder Charge, Victims Rights, Case Transfer, Child Welfare
- 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
Republic
Applicant
Eric Makau Musila
Defendant
Victim's family
Respondent
Procedural Posture
Criminal Case / Directions Prior to Ruling on Victim's Application
Legal Issues
- 1 Whether further information is required before ruling on the Victim's application.
- 2 What is the status and nature of charges in related criminal cases involving the accused.
- 3 What is the current welfare situation of the deceased's children.
Ratio Decidendi
The court determined that it could not proceed to rule on the Victim's application without first obtaining further information regarding the accused's involvement in other criminal cases, the status of those cases, any bail terms, and a report on the welfare of the deceased's children. The court exercised its discretion to direct the filing of affidavits and reports from the investigating officer and the relevant children's officers, emphasizing the need to protect the interests of the most immediate victims—the children—before making any substantive orders.
Court Disposition
Further directions issued; ruling on Victim's application deferred pending additional information.
Orders
- Investigating Officer to file affidavit on the nature and status of related criminal cases and bail terms within two weeks.
- Children's Officer Naivasha Sub-County, in conjunction with Children Office Kericho, to prepare a report on the welfare of the deceased's children within two weeks.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL CASE (MURDER) NO. 5 OF 2016
(Formerly Kericho HC.CR.C. No. 4 of 2016)
REPUBLIC.......................................PROSECUTOR
-VERSUS-
ERIC MAKAU MUSILA........................ACCUSED
DIRECTIONS BY THE COURT
1. I have read through the material canvassed by the Victim’s family, the prosecution and the defence in connection with the Victim’s application filed on 12th May, 2017. I have also reviewed the circumstances recorded herein concerning the transfer of this case from the High Court at Kericho to this court.
2. I find it prudent before ruling on the Victim’s application to obtain further and relevant information concerning the following matters:
a) the nature of the charges and the status of Kericho High Court Criminal Case No. 23 of 2012 wherein the Accused was charged.
b) the nature of charges facing the Accused in Kisumu High Court Criminal Case No. 32 of 2016 and the status thereof.
Information relating to a & b above, including any bail terms therein is to be presented by way of an affidavit sworn by the Investigating Officer in this case.
c) a report on the present circumstances and welfare of the children of the deceased who in my view are the most immediate victims of the alleged crime in this case.
3. The report on (c) above is to be prepared by the Children’s Officer Naivasha Sub-County in conjunction with the Children Office Kericho.
4. The foregoing information is to be filed into court within the next two weeks and any party wishing to make comments or observations thereon will be at liberty to do so on 14th July, 2017 when this matter will be mentioned for these purposes.
Delivered and signed at Naivasha, this 30th day of June, 2017.
In the presence of:-
Miss Kavindu for the DPP
Miss Kithinji holding brief for Viola for the Victim’s family
Miss Wanuma holding brief for Mr. Simiyu for the Accused
Accused - present
C/C - Barasa
C. MEOLI
JUDGE