Eldoret judge blames truant DPP witnesses for delay of murder cases
The Judiciary in North Rift region is considering withdrawing pending cases related to murder whose hearing has stalled for more than five years.
Eldoret Presiding Judge Reuben Nyakundi (pictured) has expressed concern over the delay in making decisions on high profile murder cases with majority of them having started over nine years ago.
The judge noted that failure by the prosecution to secure attendance of key witnesses during trial was to blame for the delay in hearing and conclusion of old cases.
“The court cannot allow the remandees to continue languishing in prison for years due to failure of the prosecution. If the prosecution is not ready to prosecute their cases, we are going to withdraw such matters,” said the judge during an alternative justice system awareness forum held in Kapseret Sub-County.
Justice Nyakundi observed that majority of the cases were frequently adjourned for flimsy reasons.
He said Judiciary officials, the Office of the Director of Public Prosecution, Kenya Prisons Service and other stakeholders were collecting data on such cases adding that the court will give final verdict on the cases this year.
Among the cases whose hearing has been dragging in court after prosecution witnesses failed to turn up is the matter of the murder of a farmer in Uasin Gishu eight years ago.
Trial of two people accused of killing Eric Kiplagat has never taken off despite several summons issued by Eldoret High Court to ten key prosecution witnesses to testify in the matter.
State Prosecutor Emma Okok shocked the court presided over by Justice Robert Wananda that the case had never taken off for the last nine years and called for the court’s intervention.
She told the Judge that the case has never proceeded to full trial since the accused, Sammy Kipkorir and David Kanda, were arrested in connection with the murder.
Okok told the Judge that witnesses in trial have never appeared in court despite being issued with summons. The two suspects are accused of killing Kiplagat on the night of December 23, 2016 at Chakaiya village in Kesses sub-county, Uasin Gishu county.