JACOB MUTHEE & 8 OTHERS V. REPUBLIC [2013] EKLR

JUDGMENT OF THE COURT

The history of the entire saga giving rise to this appeal is, to say the least sad. Sad because, what was a straight forward felony which could have been handled and finalized much earlier in the year 2001, became protracted and was never finalised till now, well over twelve (12) years. All this is apparently because the Senior Prison Officers who reported to the scene of the incident immediately the six prison inmates lost their precious lives on the night of 3^rd and 4^th September, 2000, preferred to protect either themselves or their prison warders or the name of the prison. Whichever they preferred, the result was a protracted inquest in which over 50 witnesses gave evidence, a protracted police investigation thereafter by a Police Investigating team led by the then Acting Commissioner of Police P.M. Mwangi which finalised its report on 2^nd April, 2002. We find it necessary to say that apparently these actions were taken only after complaints were raised by the…