This archive report was first published on 29 October 2021.
On October 15, 2021, the High Court ruled that the views of the victim must be considered before prosecutors can withdraw a criminal case. This decision was made in a case involving a protest that turned violent in Nakuru's Solai area.
Justice Teresia Matheka made the ruling in a case where Solai Dam owner Patel Mansukh (now deceased) challenged the trial court's decision to allow the withdrawal of criminal charges against Kabazi MCA Peter Mbae and eight others.
Dr. Mbae and his co-accused were charged with incitement to violence, arson, and malicious damage to property worth Sh7 million belonging to the Patel coffee estate in Nakuru on January 30, 2019.
According to the court, the victim's rights are no less than those of the accused person. The justice system is obligated to provide ways and means for parties and witnesses to access the requisite information, which is core to access to justice.
Justice Matheka faulted prosecutors for not making any effort to inform the victim of their intention to withdraw the charges, so that the victim could participate in the proceedings.
She set aside the trial court's ruling and ordered that the criminal proceedings be reinstated. The trial is set to proceed in December.
