400 Kenyans who were released during the Judiciary Service Week will be re-arrested and re-tried after the Supreme Court ruled that the mixed benches which acquitted them were not properly constituted, making their decisions null and void
The Friday ruling was made by a full bench of Supreme Court judges comprising Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu and Justices Jackton Ojwang, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola.
"Despite the drawback our decision will have on the backlog of cases in our courts, we have no choice but to accede to the respondents’ plea that their appeal at the High Court be re-heard," Justice Lenaola read the verdict on behalf of the other judges.
"Our decision must of necessity have a similar effect on all the appeals that were determined by a similarly empanelled High Court benches," the Supreme Court verdict read.
The Court made the ruling after Director of Public Prosecution Keriako Tobiko filed an appeal case against three convicts namely Karisa Chengo, Jefferson Kalama and Kitsao Ngati.
Tobiko argued that the Court of Appeal made a mistake in ordering a re-trial OF the three convicts after the High Court approved their conviction for robbery with violence made by a Magistrates Court.
The ruling which acquitted the convicts was made by judges from the Lands and Environmental division and other divisions.
However, the Supreme Court stated that it was illegal for judges to preside over cases that did not involve their divisions.
Former Chief Justice Willy Mutunga, while launching the Judicial Service Week made a pledge to clear 1500 criminal appeals and review the eligibility of 3500 prisoners for Community Service Orders (CSO) in order to save the taxpayers Sh223 Million.
800 cases were to be heard by two-judge benches and 700 others were to be determined by single judges during that week.
Out of this, 400 convicts were acquitted.
