[2016] KEHC 3601 (KLR)
The court found that the prosecution had failed to present any evidence or witnesses to support the charge of murder against the accused, despite multiple opportunities and adjournments. The continued absence of witnesses and the investigating officer demonstrated a lack of interest in prosecuting the case. Holding...
Source-derived case information.
- Citation
- [2016] KEHC 3601 (KLR)
- Parties
- Respondent: Republic; Defendant: Peter Muthee Kamau
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 124 of 2014
- Procedural Posture
- Criminal Case / Ruling on Acquittal Due to Lack of Prosecution Evidence
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder Charge, Failure to Prosecute, Acquittal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Muthee Kamau
Defendant
Procedural Posture
Criminal Case / Ruling on Acquittal Due to Lack of Prosecution Evidence
Legal Issues
- 1 Whether the accused can continue to be held when the prosecution has failed to present any evidence.
- 2 Whether the absence of prosecution witnesses justifies an acquittal of the accused.
Ratio Decidendi
The court found that the prosecution had failed to present any evidence or witnesses to support the charge of murder against the accused, despite multiple opportunities and adjournments. The continued absence of witnesses and the investigating officer demonstrated a lack of interest in prosecuting the case. Holding the accused in remand without evidence would violate his right to a fair trial and due process. Therefore, the accused was acquitted and ordered to be released unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The accused is acquitted of the offence of murder.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 124 OF 2014
REPUBLIC ........................................................PROSECUTOR
VERSUS
PETER MUTHEE KAMAU .....................................ACCUSED
RULING
The accused person PETER MUTHEE KAMAU faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The particulars of the offence were that
“On the night of 15th December, 2014 and 16th December, 2014 at Ndururumo Village in Laikipia West, within Laikipia County, murdered TARKOK CHEPKOMET”
The accused was first arraigned before the High Court in Nakuru on 9/12/2014. He took plea on 2/2/2015 when he pleaded ‘Not Guilty to the offence’. The hearing was set to commence on 18/6/2015.
On the first hearing date 3 witnesses were present but the hearing did not proceed. From that date no witness appeared in court on subsequent hearing dates. On 9/12/2015 the court was informed that the witness could not be traced. On 13/4/2016 no witness was in court and the investigating officer was also absent. On 30/6/2016 no witness was in court and the investigating officer also did not bother to attend court.
It is quite clear that the prosecution have lost interest in this case. The accused cannot be held in remand indefinitely. No evidence at all has been offered to support the charge. I acquit the accused of the offence of murder. The accused is to be set at liberty forthwith unless he is otherwise lawfully held.
Dated in Nakuru this 1st day of July 2016
Ms Kerubo for accused
Maureen A. Odero
Judge