Former magistrate Jaco Kennedy has suffered another setback in his long-running criminal case after the Windhoek High Court dismissed an application brought before judges Naomi Shivute and Philanda Christiaan.

Kennedy has been in custody since January 2016 and is facing several charges, including rape, kidnapping, attempted murder and offences relating to the alleged obstruction of justice.

The charges stem from two separate incidents in Windhoek. In the first case, the State alleges that Kennedy and his co-accused, Raymond Cloete, kidnapped a woman on 3 January 2015 and raped her near Katutura Intermediate Hospital.

Kennedy is also accused of kidnapping and raping another woman on 31 December 2015, after he and Cloete had been released on bail in connection with the earlier case. Kennedy has denied all the allegations.

In February 2026, acting judge Kobus Miller dismissed Kennedy’s application for discharge on most of the charges after the State concluded its case. Kennedy was discharged on one count relating to an alleged attempt to defeat or obstruct the course of justice, but he continued to face other charges.

The case has been before the High Court for several years. Kennedy and Cloete pleaded not guilty when their trial began in 2021. Cloete has been out on bail, while Kennedy has remained in custody.

Kennedy has also previously challenged the use of CCTV testimony by vulnerable witnesses in the trial, but a three-judge High Court bench dismissed that application in 2024.

The latest ruling adds to a series of unsuccessful legal applications brought by Kennedy as his criminal case continues.

0 Comments