Republic v John Tanui Kiprono [2017] KEHC 5267 (KLR)
- Citation
- [2017] KEHC 5267 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- JV Juma
- Case number
- Criminal Case 38 of 2012
- Language
- English
More details
- Court
- High Court
- Panel
- JV Juma
- Case number
- Criminal Case 38 of 2012
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the prosecution had failed to call any witnesses or present any evidence in support of the murder charge against the accused over a period of five years. This failure constituted a violation of the accused's right to a fair trial and due process. The court held that there was no prima facie case established against the accused, and therefore, the only lawful course was to acquit him. The blame for the delay and failure to prosecute was attributed to the police, specifically the OCS Elburgon Police Station. The court emphasized that keeping an accused person in limbo for years without prosecution is a travesty of justice.
Court disposition
acquittal
Orders
- The accused is acquitted of the charge of murder.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
02
Material facts
Parties
Republic
Respondent Counsel: Mr MotendeJohn Tanui Kiprono
Defendant Counsel: Mr Mwangi03
Procedural history
Posture
Criminal Case / Ruling on No Case to Answer
04
Questions and positions
Legal issues
- 01
Whether the prosecution established a prima facie case against the accused for the charge of murder.
- 02
Whether prolonged delay and failure to call any witnesses violated the accused's rights.
Party arguments
- Applicant
- The accused, through counsel, argued that the prosecution had failed to present any evidence or witnesses over a period of five years, amounting to a violation of his right to a fair and expeditious trial. He submitted that there was no case to answer and sought an acquittal.
- Respondent
- The prosecution repeatedly sought adjournments to avail witnesses but ultimately failed to present any evidence. On the final hearing date, the prosecution requested yet another adjournment, which was declined by the court.
05
Court’s reasoning
Legal principles
- 01
Section 203 and 204 of the Penal Code; general principles of criminal procedure.
An accused person is entitled to a fair and expeditious trial, and the prosecution bears the burden of establishing a prima facie case before the accused can be called to answer.
- 02
Section 306 of the Criminal Procedure Code.
Where the prosecution fails to call any evidence or witnesses, the court must acquit the accused as there is no case to answer.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the prosecution had failed to call any witnesses or present any evidence in support of the murder charge against the accused over a period of five years. This failure constituted a violation of the accused's right to a fair trial and due process. The court held that there was no prima facie case established against the accused, and therefore, the only lawful course was to acquit him. The blame for the delay and failure to prosecute was attributed to the police, specifically the OCS Elburgon Police Station. The court emphasized that keeping an accused person in limbo for years without prosecution is a travesty of justice.
Obiter and limits
- The conduct of the police in this matter amounted to a travesty of justice and a violation of the accused's rights.
- The state should not keep cases pending for years without making any effort to prosecute.
Court disposition
acquittal
- The accused is acquitted of the charge of murder.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRMINAL CASE NO. 38 OF 2012
REPUBLIC ………………………………………………………….PROSECUTOR
VERSUS
JOHN TANUI KIPRONO…………………………………….…………….ACCUSED
RULING
The accused JOHN TANUI KIPRONO faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The particulars of the charge were that
“On the 10th day of May 2012 at Lawina Elburgon in Molo District within Nakuru County murdered GEOFFREY KIPRONO RONO”.
The accused was first charged at the High Court in Nakuru on 22nd May, 2012. There after numerous adjournments were granted to enable the prosecution present their witnesses in court. This never happened. No single witness was ever called to testify in this case. It would appear that the police had the accused charged in court and promptly forgot about the case. For this failure and laxity the blame lies squarely on the OCS Elburgon Police Station from where the case originated. This a travesty of justice and amounts to a violation of the accused nights for the state to keep the case pending for five (5) years, and fail to avail even one single witness in support of the charge.
Finally on 9/3/2017 the court declined to allow the prosecution’s request for an adjournment and the case was closed. Clearly there has not been even a pretence at proving a prima facie case. I enter a verdict of ‘Not Guilty’ and I acquit the accused of this charge of murder. The accused is to be set at liberty forthwith unless he is otherwise lawfully held.
Dated in Nakuru this 18th day of April 2017.
Mr Mwangi for Accused
Mr Motende for state
Maureen A. Odero
Judge
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