Why convict wants magistrates given power to handle murder cases

A police officer sentenced to death for killing a former minister’s son has challenged the process used to convict him.

Dickson Munene’s suit seeking to allow magistrates to try murder suspects, if successful, could lead to the retrial and release of many murder suspects and convicts, as well as render the criminal division of the High Court redundant.

Through lawyers Elias Mutuma and Paul Nyamodi, the convict argued that the process of trying murder suspects at the High Court was unconstitutional since it limits the accused's right to fair trial.

“We are not appealing against the findings, the convictions or to prove that he was not guilty of the offence, but challenging the constitutionality of Section 4 of the Criminal Procedure Code, which gives the High Court exclusive jurisdiction to try murder suspects,” said Mutuma.

Section 4 of the Criminal Procedure Codes states that magistrates have no power to conduct murder trials but the lawyers argue that it is discriminatory, given that magistrates hear other capital offences with same punishment as murder.

Munene, a former inspector of police, was sentenced to death by Court of Appeal in February 2014 for killing Dr James Ng’ang’a, a son of former assistant minister and Gatundu North MP Patrick Muiruri, in January 2009.

The lawyers now argue that Munene (right) was not given enough opportunity to pursue his appeal, given that the Court of Appeal's decision was final.

“It is the reason why we are saying the law on murder suspects is discriminatory. Whereas other suspects facing similar charges are tried at the magistrate’s court and have opportunity for three levels of appeal, murder suspects only have one chance of appeal,” said Nyamodi.

He said Munene’s conviction could not be lawful if the court finds that the CPC is unconstitutional, which will lead to either his acquittal or retrial before a magistrate.

But the Director of Public Prosecutions, through State prosecutor Fredrick Ashimosi, opposed the petition, arguing that the suit was misguided and aimed at seeking Munene’s acquittal through the back door.

Ashimosi told Lady Justice Wilfrida Okwany the High Court had exclusive jurisdiction to handle all criminal and civil matters, and that the complexity of handling murder cases could not be left to a magistrate.

Lady Justice Okwany will give a ruling on October 9.