https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7183
The application failed because it was not prosecuted and, in any event, no legal basis was shown to justify recalling the trial court file to permit withdrawal before judgment at that stage of the proceedings.
Source-derived case information.
- Citation
- [2026] KEHC 7183 (KLR)
- Parties
- Applicant: Kasera Calvin Oloo; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E049 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- False Pretences, Withdrawal of Criminal Case, Recall of Proceedings, Prosecution Stage, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kasera Calvin Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the court should recall Criminal Case No. 1964 of 2016 to allow withdrawal before judgment.
- 2 Whether there was any legal basis to permit withdrawal at that stage of the proceedings.
Ratio Decidendi
The application failed because it was not prosecuted and, in any event, no legal basis was shown to justify recalling the trial court file to permit withdrawal before judgment at that stage of the proceedings.
Court Disposition
Application dismissed
Orders
- Prayer seeking withdrawal of the matter is declined.
- Application is dismissed with orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Oloo v Republic (Miscellaneous Criminal Application E049 of 2026) [2026] KEHC 7183 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7183 (KLR) Republic of Kenya In the High Court at Kibera Miscellaneous Criminal Application E049 of 2026 DR Kavedza, J May 25, 2026 Between Kasera Calvin Oloo Applicant and Republic Respondent Ruling 1.The applicant was charged with the offence of obtaining money by false pretences contrary to section 313 of the Penal Code. 2.The applicant has filed the present application seeking recall of Criminal Case No. 1964 of 2016 from the trial court to facilitate withdrawal of the matter by the complainant and the Director of Public Prosecutions before delivery of judgment. 3.I have considered the application, the grounds in support thereof, and the applicable law. The prayer seeking withdrawal of the matter is declined for want of prosecution and for lacking any legal basis at this stage of the proceedings. 4.Accordingly, the application is devoid of merit and is hereby dismissed.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 25TH DAY OF MAY 2026 _____________ D. KAVEDZAJUDGE