[2021] KEHC 2599 (KLR)
The court has not made a final determination on the substantive issues. The ruling is limited to acknowledging the procedural irregularity alleged by the applicant regarding the trial court's refusal to allow withdrawal of charges under section 87(a) and instead dismissing the charges under section 202. The court...
Source-derived case information.
- Citation
- [2021] KEHC 2599 (KLR)
- Parties
- Applicant: Director of Public Prosecutions; Respondent: Gerishon Lujitio Majanja
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E048 of 2021
- Procedural Posture
- Criminal Revision / Interlocutory Ruling; Directions Before Final Orders
- Outcome
- interlocutory directions; no final orders issued
- Judges
- DN Musyoka
- Legal Topics
- Withdrawal of Charges, Furnishing Witness Statements, Plea Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Director of Public Prosecutions
Applicant
Gerishon Lujitio Majanja
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling; Directions Before Final Orders
Legal Issues
- 1 Whether the trial court erred in dismissing charges under section 202 of the Criminal Procedure Code instead of allowing withdrawal under section 87(a).
- 2 Whether the accused was properly furnished with witness statements before plea was taken.
Ratio Decidendi
The court has not made a final determination on the substantive issues. The ruling is limited to acknowledging the procedural irregularity alleged by the applicant regarding the trial court's refusal to allow withdrawal of charges under section 87(a) and instead dismissing the charges under section 202. The court finds it necessary to hear representations from both parties and directs them to file skeletal submissions before further directions are given. No final ratio decidendi is issued at this stage.
Court Disposition
interlocutory directions; no final orders issued
Orders
- Matter to be mentioned on 6th December 2021 before the Judge handling criminal matters for further directions.
- Parties to file their respective skeletal submissions before the mention date.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL REVISION NO. E048 OF 2021
DIRECTOR OF PUBLIC PROSECUTIONS……….…..….……APPLICANT
VERSUS
GERISHON LUJITIO MAJANJA……...……………....…….RESPONDENT
RULING
1. These proceedings were sparked off by a letter that I received from the Office of Director of Public Prosecutions, dated 5th July 2021, with respect to proceedings that had been conducted in Kakamega CMTRC No. 208 of 2021.
2. The issues raised touch on furnishing the accused with witness statements. That was not done before plea was taken, or on the date plea was taken, and a mention date had been given for that purpose. Come that day, witness statements were not made available to the accused, whereupon the State sought to withdraw the prosecution under section 87(a) of the Criminal Procedure Code, Cap 75, Laws of Kenya. That was rejected by the court, which dismissed the charges under section 202 of criminal procedure code instead. It is argued that the trial court made an error in that regard.
3. I have perused the record. Before I make final orders, I would like to hear representations from the parties. For that purpose, I hereby direct that the matter be mentioned on 6th December 2021, before the Judge who shall be handling criminal matters on that date, for further directions. The parties should have filed their respective skeletal submissions by then.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29th DAY OF October 2021
W MUSYOKA
JUDGE