[2016] KEHC 2429 (KLR)
The court found that the prosecution had failed to present any witnesses or evidence in support of the murder charge against the accused persons over a period of more than three years. Despite repeated adjournments and opportunities, no effort was made to prosecute the matter. As a result, no prima facie case was...
Source-derived case information.
- Citation
- [2016] KEHC 2429 (KLR)
- Parties
- Applicant: Republic; Defendant: Nehemia Chelimo; Defendant: Anthony Kiptoon
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2013
- Procedural Posture
- Criminal Case / Ruling on Acquittal After Prosecution Failed to Present Evidence
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder Charge, Prosecution Failure, Acquittal, Prima Facie Case, Plea Bargain, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nehemia Chelimo
Defendant
Anthony Kiptoon
Defendant
Procedural Posture
Criminal Case / Ruling on Acquittal After Prosecution Failed to Present Evidence
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons for the charge of murder.
- 2 Whether the accused persons should be acquitted due to the prosecution's failure to present any evidence.
Ratio Decidendi
The court found that the prosecution had failed to present any witnesses or evidence in support of the murder charge against the accused persons over a period of more than three years. Despite repeated adjournments and opportunities, no effort was made to prosecute the matter. As a result, no prima facie case was established against the accused persons. The court held that it would be unjust to allow the case to pend indefinitely without progress, and therefore entered a verdict of not guilty and acquitted both accused persons of the charge of murder.
Court Disposition
acquittal
Orders
- Both accused persons are acquitted of the charge of murder.
- Each accused is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 49 OF 2013
REPUBLIC.............................................................PROSECUTOR
VERSUS
NEHEMIA CHELIMO.............................................1ST ACCUSED
ANTHONY KIPTOON...........................................2ND ACCUSED
RULING
The two accused persons NEHEMIA CHELIMO (1st accused) and ANTHONY KIPTOON were both on 7th May 2013 arraigned in court on a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
In the initial stages it was indicated to the court that plea-bargain agreement was being negotiated between the accused persons and the office of the DPP. This plea-bargain agreement was never reached despite the court adjourning the matter several times to allow for relevant negotiations. From May 2013 to July 2015 the song was that the plea-bargain agreement was being finalized. As stated earlier no such agreement ever materialized.
Finally after numerous mentions the court set down the hearing for 4th May, 2016. On that date the State had no witness in court. Given the age of the matter, the State were given a last adjournment and hearing was set down for 18th August, 2016.
Once again despite having had three (3) months to secure attendance of witnesses the State did not have any witness available in court.
It is apparent that there was no effort made to prosecute this matter. From May 2013 to August 2016 a period of over three (3) years not a single witness was presented to court. No evidence in support of the murder charge was adduced by the prosecution. A case cannot continue to pend in court indefinitely. Clearly no prima facie case was established. The prosecution dismally failed in their mandate. I 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.
Mr. Gatonye for both accuseds
Mr. Chigiti for State.
Maureen Odero
Judge
7/10/2016