The Court of Appeal in Mombasa has dismissed a State appeal and upheld the acquittal of three men accused of murdering Harrison Bekanga Munga in 2015, citing prolonged delays and prosecutorial lapses that violated the accused’s right to a fair and speedy trial.
The three suspects Ahmed Njeka Munga, Rumba Chigamba, and Ngao Tsuma were initially charged with Munga’s murder in Kwale County. However, the trial stalled repeatedly over nearly a decade, plagued by missing witness statements, absent witnesses, and numerous adjournments.
Despite the gravity of the charge, only two prosecution witnesses had testified by 2020. Key witnesses, including the investigating officer and forensic experts, never appeared in court. The delays prompted the trial judge in 2022 to close the prosecution’s case under Section 210 of the Criminal Procedure Code, ruling that the evidence was insufficient to warrant putting the accused on their defence.
The Office of the Director of Public Prosecutions challenged the acquittal, arguing that the delays were due to interference by the accused and witness intimidation. However, the appellate judges Kibaya Laibuta, F. Ochieng, and Ngenye-Macharia found that these claims were unsubstantiated, especially since the investigating officer never testified.
In a unanimous decision, the judges stated that the State had ample opportunity to prosecute the case but failed to do so with diligence. They noted that the eight-year delay had caused irreparable harm to the accused, who had faced social stigma and prolonged uncertainty.
“A speedy trial ensures the rights of the accused are protected and preserves public confidence in the justice system,” the court ruled.
The judgment emphasized that justice delayed undermines both the presumption of innocence and the integrity of the judicial process. By dismissing the appeal, the Court of Appeal underscored the constitutional right to a fair trial and sent a strong message to prosecutors on the consequences of neglect and delay in criminal proceedings.
