[2017] KEHC 5267 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEHC 5267 (KLR)
- Parties
- Respondent: Republic; Defendant: John Tanui Kiprono
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2012
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder Charge, Failure to Prosecute, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Tanui Kiprono
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused for the charge of murder.
- 2 Whether prolonged delay and failure to call any witnesses violated the accused's rights.
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.
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.
Full Case Text
Judgment text and source record
17 paragraphs
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