Kenya Judgment

High Court · High Court at Nakuru

Republic v John Tanui Kiprono [2017] KEHC 5267 (KLR)

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Professional case brief

Research organized from the available case record

Source document

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 Motende

John Tanui Kiprono

Defendant Counsel: Mr Mwangi

03

Procedural history

  1. Posture

    Criminal Case / Ruling on No Case to Answer

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2017] KEHC 5267 (KLR)

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code (Cap 63) Sections 203 and 204

Legislation

Legislation referenced in the available case record.

Criminal Procedure Code (Cap 75) Section 306

Legislation

Legislation referenced in the available case record.

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