Republic v Musili Ivia & another [2017] KEHC 2572 (KLR)
- Court
- High Court of Kenya
- Case number
- 2572
- Citation
- [2017] KEHC 2572 (KLR)
- Decided
- 5 October 2017
The court allows the request for discontinuance of the criminal proceedings and discharges the accused.
Facts
Musili Ivia and Mutinda Muli were charged with murder of Dominic Mukungi Mutemia on January 23, 2016. The prosecution did not list any prospective witnesses and the case was adjourned several times. A settlement was reached between the accused and the deceased's kin, involving payment of blood money in the form of cows and bulls.
Issues
- Whether the settlement agreement is inconsistent with Article 159(2)(c) of the Constitution of Kenya 2010
- Whether the settlement agreement is inconsistent with international principles of human rights
Reasoning
The court considers the settlement agreement to be consistent with the spirit and purpose of Article 159(2)(c) of the Constitution of Kenya 2010 and does not contravene international principles of human rights.
Outcome
The criminal proceedings against Musili Ivia and Mutinda Muli for murder are discontinued.
Orders
- The criminal proceedings against Musili Ivia and Mutinda Muli for murder are discontinued.
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Article 159(2)(c)
Cases cited (2)
- Nairobi High Court Criminal Case No. 86 of 2011 REPUBLIC-VS-MOHAMED ABDOW MOHAMED
- Garissa Criminal Case No. 10 of 2015
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