This archive report was first published on 18 July 2019.
On July 12, 2014, a tragic incident occurred at Murram village in Lugari constituency, Kakamega County, resulting in the death of Benson Misiko. His brothers, Amos and Geoffrey Misiko, were charged with his murder, but the case has been stuck in limbo for five years.
Yesterday, Justice Stephen Githinji discharged the two brothers, citing the office of the Director of Public Prosecution (DPP) for lacking seriousness in prosecuting the case. The judge took issue with the DPP's office for seeking numerous adjournments, saying the accused persons were entitled to an expeditious hearing and determination of their case.
According to the charge sheet, the suspects accused Misiko of disinheriting them from their father's land before hitting him on the head, leading to his death. Despite the gravity of the allegations, the prosecution has failed to call a single witness in the five years since the case was filed.
Justice Githinji rejected the prosecution's application for another adjournment, saying it lacked merit. He warned the prosecution that there is an end to every situation, and the court will not tolerate further delays.
Published on July 18, 2019, at 3:00 AM.
