[2018] KEHC 2162 (KLR)

[2018] KEHC 2162 (KLR)

The court held that since the prosecution had not closed its case and the accused did not oppose the application, the withdrawal of the murder charge was proper under Section 87(a) of the Criminal Procedure Code. The accused was accordingly discharged from the murder charge, but required to appear before the...

Source-derived case information.

Citation
[2018] KEHC 2162 (KLR)
Parties
Accused: Maureen Achieng Ogwel; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Case 9 of 2017
Procedural Posture
Criminal Case / Ruling on Withdrawal of Murder Charge Prior to Close of Prosecution Case
Outcome
Murder charge withdrawn; accused discharged; to be arraigned for manslaughter.
Judges
RE Aburili
Legal Topics
Withdrawal of Charge, Murder, Manslaughter, Criminal Procedure
Source Language
en
Criminal Law Withdrawal of Charge Murder Manslaughter Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Maureen Achieng Ogwel

Accused

Republic

Respondent

Procedural Posture

Criminal Case / Ruling on Withdrawal of Murder Charge Prior to Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution can withdraw a murder charge before close of its case under Section 87(a) of the Criminal Procedure Code.
  2. 2 Whether the accused should be discharged from the murder charge and required to take plea for manslaughter.

Ratio Decidendi

The court held that since the prosecution had not closed its case and the accused did not oppose the application, the withdrawal of the murder charge was proper under Section 87(a) of the Criminal Procedure Code. The accused was accordingly discharged from the murder charge, but required to appear before the Principal Magistrate's Court to take a plea for manslaughter. The bond terms were extended to cover the new proceedings.

Court Disposition

Murder charge withdrawn; accused discharged; to be arraigned for manslaughter.

Orders

  • The charge of murder against the accused is withdrawn.
  • The accused is discharged from the murder charge.