[2024] KEHC 7456 (KLR)

[2024] KEHC 7456 (KLR)

The court allowed the discontinuation of the criminal prosecution against the 2nd accused, Emmanuel Ochieng Omondi, upon consideration of the nolle prosequi entered by the prosecution and the oral submissions of counsel. The court found that the 2nd accused had jumped bail and could not be traced, justifying the...

Source-derived case information.

Citation
[2024] KEHC 7456 (KLR)
Parties
Applicant: Republic; Defendant: Erick Odhiambo Amala; Defendant: Emmanuel Ochieng Omondi
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Case 15 of 2020
Procedural Posture
Criminal Case / Ruling on Nolle Prosequi and Bail Status
Outcome
Nolle prosequi allowed for 2nd accused; warrants of arrest remain in force; matter set for mention.
Judges
MS Shariff
Legal Topics
Nolle Prosequi, Bail Jumping, Warrants of Arrest
Source Language
en
Criminal Law Nolle Prosequi Bail Jumping Warrants of Arrest

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Erick Odhiambo Amala

Defendant

Emmanuel Ochieng Omondi

Defendant

Procedural Posture

Criminal Case / Ruling on Nolle Prosequi and Bail Status

Legal Issues

  1. 1 Whether the prosecution should be discontinued against the 2nd accused person under a nolle prosequi.
  2. 2 Whether the warrants of arrest against the 2nd accused and his surety should remain in force.

Ratio Decidendi

The court allowed the discontinuation of the criminal prosecution against the 2nd accused, Emmanuel Ochieng Omondi, upon consideration of the nolle prosequi entered by the prosecution and the oral submissions of counsel. The court found that the 2nd accused had jumped bail and could not be traced, justifying the discontinuation of proceedings against him. However, the court ordered that the warrants of arrest against the 2nd accused and his surety remain in force, ensuring that legal accountability persists should the accused or surety be located. The matter was set for mention for plea taking on new information, indicating the proceedings would continue as to the remaining accused or on...

Court Disposition

Nolle prosequi allowed for 2nd accused; warrants of arrest remain in force; matter set for mention.

Orders

  • The discontinuation of the criminal prosecution against Emmanuel Ochieng Omondi is allowed.
  • The warrants of arrest against Emmanuel Ochieng Omondi and his surety Zablon Omulo Okal shall remain in force.