Republic v Titus Ngamau Musila Katitu [2016] KEHC 8296 (KLR)

Facts

The prosecution had called 18 witnesses, but the last two witnesses, who were family members of the deceased, were based in Norway and wanted to testify through video link. The prosecution claimed they were not eye witnesses and could only testify on the identification of the body. The defense argued that the witnesses had not applied for witness protection.

Issues

1. Whether the rights of the victim can limit the DPP's control of prosecution including to stop the same for closing its case before they testify.
2. Whether the court can direct the OPDD to provide video link through which the victim's family can testify.
3. Whether the victim's family have made up a case for grant of orders sought.

Reasoning

The court emphasized that the DPP has the powers to institute and continue prosecutions and that the victim's rights are limited to situations where the court is making determinations that affect them directly.

Outcome

Affirmed

Authorities cited