Justice Alexander Muasya Muteti has faulted the prosecution for failing to take a 2021 murder case seriously after three accused persons remained in custody for over four years without trial or progress.
The judge said there was “no seriousness in the prosecution of the matter,” noting that the rights of the accused persons had been violated and not upheld, particularly by the investigating officer who failed to appear in court.
During the session, the prosecution had no witnesses present, leaving the prosecutor to proceed alone. The defence team urged the court to dismiss the case if the prosecution would not be ready in the next hearing, arguing that the accused had been held too long without justice.
Justice Muteti, however, reluctantly allowed an adjournment, saying the prosecution had been let down by the investigating officer. He directed the prosecution to communicate with the DCI and ensure witnesses appear in the next session.
Justice Muteti warned that no further adjournments will be allowed on 3rd December 2025, unless it is a matter of life and death, and ordered that the trial must begin on 3rd and 4th December 2025 at 10 a.m.
