Two brothers who had been charged with killing their elder sibling following a land dispute have been freed after the State failed to prosecute them for the last five years.
Yesterday, Justice Stephen Githinji discharged Amos Misiko and Geoffrey Misiko who have been languishing in remand. He blamed the office of the Director of Public Prosecution (DPP) for “lacking seriousness” in prosecuting the case to the end.
Justice Githinji 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.
The judge rejected the prosecution’s application for another adjournment saying it lacked merit. The two brothers had been charged with killing Benson Misiko on July, 12 2014 at Murram village in Lugari constituency, Kakamega County.
They are said to have confronted their brother and asked him to explain why he had blocked them from sharing their father’s twoacre piece of land.
Charge sheet 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.
Amos and Geoffrey were later arrested by police attached to Lumakanda Police Station and taken to Eldoret Police Station where they were locked up before being charged with murder at the High Court in Eldoret.
But the two brothers walked to freedom after Justice Githinji declined to adjourn the case again. “The case is almost five years and yet the prosecution has never called a single witness.
They have had stories to tell in applications for adjournment but there is an end to everything and every situation.
A warning shot was fired by the court when the prosecution was granted a last adjournment,” said the judge.
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