[2016] KEHC 2493 (KLR)
The court found that the prosecution had failed to present any evidence or witnesses over a period of four years, despite being granted multiple adjournments to secure exhibits and prepare their case. This persistent failure amounted to a violation of the accused's constitutional right to an expeditious trial and...
Source-derived case information.
- Citation
- [2016] KEHC 2493 (KLR)
- Parties
- Applicant: Republic; Defendant: Lukas Macharia Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 70 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prosecution's Failure to Present Evidence After Repeated Adjournments
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder Charge, Failure to Prosecute, Adjournment of Trial, Constitutional Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lukas Macharia Mwangi
Defendant
Procedural Posture
Criminal Case / Ruling on Prosecution's Failure to Present Evidence After Repeated Adjournments
Legal Issues
- 1 Whether the prosecution's repeated failure to avail witnesses and exhibits justifies dismissal of the murder charge.
- 2 Whether the accused's constitutional right to an expeditious trial has been violated by the prolonged delay.
- 3 Whether a prima facie case was established against the accused.
Ratio Decidendi
The court found that the prosecution had failed to present any evidence or witnesses over a period of four years, despite being granted multiple adjournments to secure exhibits and prepare their case. This persistent failure amounted to a violation of the accused's constitutional right to an expeditious trial and rendered the proceedings untenable. The absence of any evidence meant that no prima facie case was established against the accused. The court concluded that it would be unjust and contrary to the principles of fair trial to allow the matter to pend indefinitely. Accordingly, the court entered a verdict of not guilty and acquitted the accused, ordering their immediate release...
Court Disposition
acquittal
Orders
- The accused is acquitted of the charge of murder.
- The accused is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 70 OF 2012
REPUBLIC ………………………….……………………...…. PROSECUTOR
VERSUS
LUKAS MACHARIA MWANGI ………………………………………. ACCUSED
RULING
The accused LUKAS MACHARIA MWANGI was arraigned in court on 19th September, 2012 facing a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. From that date to the last date the matter was in court on 17th August, 2016 not a single witness was availed by the prosecution to testify in this matter. Thus the case remained pending in the High Court for a period of four (4) full years and not even one witness appeared to testify. This is nothing short of scandalous.
The excuse given by the prosecution for their failure to avail witnesses was that the exhibits which had been forwarded to the Government Chemist for analysis had not been released back to the police. On 4th November, 2015 the court allowed the prosecution an adjournment to secure these exhibits. Again on 25th November, 2013 the exhibits were not available and the court allowed an adjournment to secure them. Yet again on 11th March, 2016 when the matter came up for hearing the exhibits were unavailable. The court gave the prosecution a last chance and listed the matter for hearing on 17th August, 2016. On this date still the prosecution were not ready citing the same tired excuse of lack of exhibits.
The accused persons are entitled under the Constitution to an expeditious trial. Many lives have been put on hold for a period of close to four (4) years. No serious efforts were made to prosecute this case. The trial cannot be allowed to pend in the courts indefinitely. On 17th August, 2016 the court declined to grant the prosecutions 5th request for adjournment and the case was closed.
As stated earlier not a single witness testified in this case. For the four (4) years the case was active not an iota of evidence was brought to prove the charge. Clearly no prima facie case was established. I therefore enter a verdict of ‘Not Guilty’ and I acquit both accused persons of this charge of murder. Each accused is to be set at liberty unless otherwise lawfully held.
Dated in Nakuru this 7th day of October, 2016
Ms Kipruto for accused
Mr. Chigiti for State
Maureen Odero
Judge
7/10/2016