[2016] KEHC 200 (KLR)
The court found that the accused's constitutional right to a fair and expeditious trial had been violated due to an excessive delay of over three years without any witness testimony. The prosecution closed its case without presenting any evidence, and as such, failed to establish a prima facie case against the...
Source-derived case information.
- Citation
- [2016] KEHC 200 (KLR)
- Parties
- Respondent: Republic; Defendant: Nancy Chepkoech Mutai
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2013
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder, Fair Trial Rights, Delay in Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Nancy Chepkoech Mutai
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the accused's right to a fair trial was violated due to inordinate delay in prosecution.
- 2 Whether a prima facie case was established by the prosecution in the absence of witness testimony.
Ratio Decidendi
The court found that the accused's constitutional right to a fair and expeditious trial had been violated due to an excessive delay of over three years without any witness testimony. The prosecution closed its case without presenting any evidence, and as such, failed to establish a prima facie case against the accused. In accordance with the law, the court entered a verdict of not guilty and acquitted the accused, ordering her immediate release unless otherwise lawfully held.
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
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 19 OF 2013
REPUBLIC ………………….……....................... STATE
VERSUS
NANCY CHEPKOECH MUTAI........................ACCUSED
RULING
The accused herein NANCY CHEPKOECH MUTAI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The accused was first arraigned in court on 21/2/2013. From that date to 15/12/2016 a period of over three (3) years due to various reasons not even a single witness has testified in the matter. All the while the accused had been languishing in custody. The Constitution of Kenya guarantees to an accused person the right to have their trial concluded without undue delay.
In this case the delay has been excessive such as would prejudice the fair trial rights of the accused. The prosecution eventually closed their case without evidence of any witness. Clearly no prima facie case had been established. 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 she is otherwise lawfully held.
Dated in Nakuru this 19th day of December, 2016
Ms Obutu holding brief for Kerubo
Mr Motende for State
Maureen A. Odero
Judge