Automated Summary
Key Facts
Mohamed Abdow Mohamed was charged with the murder of Osman Ali Abdi on October 19, 2011, in Eastleigh, Nairobi County. The accused pleaded not guilty during arraignment on November 16, 2011, and the trial was scheduled for March 26, 2012. The prosecution requested case withdrawal due to a settlement between the families, involving camels, goats, and traditional ornaments as compensation under Islamic law. The court cited Article 159 (1) of the Constitution, recognizing traditional dispute resolution mechanisms, and discharged the accused on May 2, 2013, as the deceased's family was satisfied with the compensation and wished to end the matter.
Issues
- The second issue involved assessing the Director of Public Prosecutions' (DPP) authority under Article 157 of the Constitution to discontinue criminal proceedings at any stage. The DPP's decision to withdraw the charge was based on the settlement and the families' mutual satisfaction. The court concluded that the ends of justice were served by allowing the discontinuation, given the parties' agreement and the traditional resolution already in place.
- The court was required to determine whether criminal proceedings for the murder of Osman Ali Abdi could be discontinued under Article 159(1) of the Constitution, which permits courts to be guided by alternative dispute resolution mechanisms, including traditional and Islamic laws. The prosecution cited a settlement involving compensation through camels, goats, and traditional ornaments, as well as the deceased's family's satisfaction and explicit instruction to withdraw the case. The judge evaluated the unique circumstances, emphasizing the parties' mutual consent and the alignment of the resolution with Islamic customs.
Holdings
- The accused was set at liberty forthwith unless otherwise lawfully held, as per the court's ruling on 2nd May 2013.
- The court discharged the accused after considering the application to discontinue proceedings under Article 157 of the Constitution, citing a settlement reached under Islamic law and traditional dispute resolution mechanisms. The families of the accused and deceased agreed on compensation, including camels, goats, and traditional ornaments, leading to the accused's discharge.
Remedies
The accused is discharged and set at liberty forthwith unless otherwise lawfully held.
Legal Principles
The court relied on Article 159(1) of the Constitution, which permits courts to be guided by alternative dispute resolution mechanisms including traditional and Islamic law. This principle was applied to discharge the accused after the families reached a compensation settlement under customary practices.
Cited Statute
Constitution of Kenya
Judge Name
R. Lagat-Korir
Passage Text
- Under Article 157 of the Constitution the Director of Public Prosecution is mandated to exercise state powers of prosecution and in that exercise may discontinue at any stage criminal proceedings against any person. In the unique circumstances of the present application, I am satisfied that the ends of justice will be met by allowing rather than disallowing the application. Consequently, I discharge the accused.
- ...... The two families have sat and some form of compensation has taken place wherein camels, goats and other traditional ornaments were paid to the aggrieved family. Actually one of the rituals that have been performed is said to have paid for blood of the deceased to his family as provided for under the Islamic Law and customs. These two families have performed the said rituals, the family of the deceased is satisfied that the offence committed has been fully compensated to them under the Islamic Laws and Customs applicable in such matters and in the foregoing circumstances, they do not wish to pursue the matter any further be it in court or any other forum.