[2007] KEHC 3182 (KLR)
The court found that the prosecution had failed to call any witnesses or adduce any evidence against the accused for over three years, despite repeated adjournments and warnings. The absence of evidence meant that the accused had no case to answer. The court emphasized the need to enforce the right to a speedy trial...
Source-derived case information.
- Citation
- [2007] KEHC 3182 (KLR)
- Parties
- Applicant: Republic; Defendant: Lelimen Lerapayo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 163 of 2003
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder, No Case to Answer, Right to Speedy Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lelimen Lerapayo
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the accused has a case to answer in the absence of any prosecution evidence.
- 2 Whether the accused's right to a speedy trial has been violated by the prosecution's repeated failure to produce witnesses.
Ratio Decidendi
The court found that the prosecution had failed to call any witnesses or adduce any evidence against the accused for over three years, despite repeated adjournments and warnings. The absence of evidence meant that the accused had no case to answer. The court emphasized the need to enforce the right to a speedy trial and held that, in the circumstances, the only just outcome was to enter a finding of not guilty and order the accused's immediate release unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The accused is found not guilty and released forthwith unless otherwise lawfully held.
- 3 Assessors to be paid.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Criminal Case 163 of 2003
REPUBLIC…………………………………………..APPLICANT
VERSUS
LELIMEN LERAPAYO…………..…………..………..ACCUSED
RULING
1. The accused herein Lelimen Lerapayo is charged with the offence of murder contrary to s.203 as read with s.204 of the Penal Code. It is alleged that on 2. 10. 2003 at Logologo Location, Laisamis Division in Marsabit District, he murdered Nawaya Lelimen.
2. Plea was taken on 16. 12. 2003 and thereafter not once has the case taken off for hearing because not once has a single witness been availed. This prompted a lengthy Ruling on 24. 7.2006 by Sitati J. in which the learned Judge said:
“the application(for adjournment) will be granted with a warning to the prosecution that if there are no witnesses when the case comes up for hearing the court will not grant another adjournment.”
3. The case was then fixed for hearing on 7th and 8th November 2006 and on those days, the hearing could not proceed for reasons that there was no interpreter but in fact there were no witnesses present. On 6. 2.2007, the last adjournment was granted to the Republic as again no witness was availed. On 20. 2.2002, again no witness was present and the Republic closed its case without calling any evidence. It is not the wish of this court to release the guilty on a serious charge such as murder. However, where for over 3 years, no attempt is made to produce even a single witness, then the court must presume that in fact no credible witness or evidence is forthcoming and at the same time enforce the right to a speedy trial.
4. Since there is no evidence which has been tendered against the accused person, I shall find that he has no case to answer and shall enter a finding of not guilty and order his release forthwith unless he is otherwise lawfully held.
5. Orders accordingly.
Dated and delivered in open court this 21st day of February 2007.
Isaac Lenaola
Judge
In the presence of
Mr. Isaboke for the Accused
Mr.Muteti for Republic.
Isaac Lenaola
Judge
Further order
1. 3 Assessors to be paid.
2. Interpreter to be paid.
Isaac Lenaola
Judge