[2016] KEHC 4225 (KLR)
The court, having perused the bundle of documents and witness statements provided by the prosecution, found that the prosecution's application to terminate the proceedings by nolle prosequi was justified. The prosecution had reviewed the evidence and determined that it was not in the interests of justice or a...
Source-derived case information.
- Citation
- [2016] KEHC 4225 (KLR)
- Parties
- Applicant: Republic; Defendant: Alexander Mburu Wanjiku
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2013
- Procedural Posture
- Criminal Case / Ruling on Application for Nolle Prosequi
- Outcome
- prosecution terminated by nolle prosequi; accused discharged
- Judges
- DW Mbuteti
- Legal Topics
- Murder Charge, Nolle Prosequi, Bail Application, Termination of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alexander Mburu Wanjiku
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Nolle Prosequi
Legal Issues
- 1 Whether the prosecution should be permitted to terminate the proceedings against the accused by entry of a nolle prosequi.
- 2 Whether there is sufficient evidence to justify continuation of the murder trial.
Ratio Decidendi
The court, having perused the bundle of documents and witness statements provided by the prosecution, found that the prosecution's application to terminate the proceedings by nolle prosequi was justified. The prosecution had reviewed the evidence and determined that it was not in the interests of justice or a profitable use of judicial resources to proceed with the murder charge. The defense did not object to the application. The court therefore exercised its discretion to allow the termination of the proceedings by nolle prosequi, thereby discontinuing the case against the accused.
Court Disposition
prosecution terminated by nolle prosequi; accused discharged
Orders
- The prosecution is permitted to terminate the proceedings against the accused by entry of a nolle prosequi.
- The accused is accordingly discharged.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 3 OF 2013
(FORMERLY NAIROBI HC CR CASE NO 50 OF 2013)
REPUBLIC……………………………..……………..PROSECUTOR
VERSUS
ALEXANDER MBURU WANJIKU..……………………. ACCUSED
R U L I N G
1. The Accused in this case is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 19/04/2013 that on 28/03/2013 in Thika Township within Kiambu County he murdered one Julius Kang’ethe Mburu. On 26th June 2013 the Áccused pleaded not guilty to the charge. By a ruling dated and delivered on 22/11/2013 he was admitted to bail pending his trial. For various reasons appearing on the court record the Accused’s trial has never commenced.
2. On 02/03/2016 the prosecution informed the court that they intended to seek the court’s permission to terminate these proceedings against the Accused by entering a nolle prosequi. They sought time to first discuss the matter with the victim’s family. On 14/06/2016 Mr. Njeru, learned prosecution counsel, informed the court that he had reviewed the circumstances of this case as set out in the case summary contained in the bundle of documents availed to the Accused and to the court, and also the available evidence. In his considered view it would not be a profitable use of the court’s time, and effort by the prosecution, to proceed with the case. He therefore sought to terminate the proceedings by entry of a nolle prosequi. Learned counsel for the Accused, Mr. Kirubi, had no objection.
3. I have perused the bundle of documents mentioned by Mr. Njeru, which include witness statements. Having done so, I will allow the prosecution to terminate these proceedings by nolle prosequi. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 13TH DAY OF JULY 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANGA THIS 15TH DAY OF JULY 2016