Judge's order that could help end electoral violence in Kilifi

A quiet but remarkable development in Kenya's constitutional story unfolded recently in a courtroom in Mombasa. In Republic v Rama Lenga Beja & 2 Others (HCCR 36 of 2017), Justice Kagendo Micheni delivered a judgment that did more than determine guilt or innocence. The case involved the death of Nicodemus Karima Shikahili in Kilifi South during the tense hours before the 2017 General Election. The accused persons were charged with murder. In the verdict, the prosecution could not prove beyond reasonable doubt who inflicted the fatal injuries. The court therefore acquitted the accused. That part of the judgment followed well-known criminal law principles. A court must convict only where the evidence proves guilt beyond reasonable doubt. In this case, the evidence did not meet that threshold.