04 Aug 2015

The Court of Appeal has saved murder accused Moses Kobedi the possibility of a capital sentence as they ordered that he must never be prosecuted for the murder of Geoffrey Moruakgomo in Serowe back in 2003. 

In July 2003 Kobedi was arrested and detained for murder at Serowe State Prison for 10 months and later given a conditional bail in May 2004. 

After 10 years he applied to the High Court to have his prosecution abandoned permanently on the basis that the state had taken an inordinately long time to bring him to trial. The High Court dismissed such application and ordered a commencement of the trial. 

Last week Appeals Justice Lord Abernethy ruled with four other judges that the only appropriate remedy for the infringement of Kobedi’s constitutional right to a fair hearing within a reasonable time was to order a permanent stay of execution. 

The ruling means that Case number CTHFT 000033-13 is struck off the roll of imminent prosecution cases.

The judge noted that the delay in this case was almost nine years and it was on any view inordinate. 

He said it was by quite a margin longer than occurred in any of the cases in this jurisdiction in which a permanent stay of prosecution was granted.

Justice Lord Abernethy however noted that he recognised that where the charge is murder, there is a particularly strong public interest in bringing the matter to trial and if the appellant is proved guilty, convicting him.

“But in my opinion there is at least an equally strong public interest in giving proper effect to the protections given to each members of the public charged with a criminal offence by Section 10(1) of the Constitution. Although Section 10(1) is concerned with ensuring respect for the individual, its enforcement nevertheless benefits society as well,” he concluded. 

Meanwhile Mr Farayi Mahwite, representing Directorate on Public Prosecutions (DPP), had said despite the lengthy time that the DPP took to take the matter to court for prosecution, he was sure that there was nothing extra ordinary about the delay of the case and that Kobedi will have a fair trial should he stand trial. Ends