[2023] KEHC 17576 (KLR)

[2023] KEHC 17576 (KLR)

The court found that maintaining a criminal file where the accused has never been arraigned is an abuse of process and a waste of judicial resources. As a result, the information for murder filed against the accused was struck out. The court emphasized that the prosecution and police retain the liberty to arrest and...

Source-derived case information.

Citation
[2023] KEHC 17576 (KLR)
Parties
Applicant: Republic; Defendant: Lotuch Angorita
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Case 14 of 2020
Procedural Posture
Criminal Case / Ruling on Striking Out Information Prior to Arraignment
Outcome
information struck out; file closed
Judges
RE Aburili
Legal Topics
Abuse of Process, Striking Out Information, Arraignment, Murder Charge
Source Language
en
Criminal Law Abuse of Process Striking Out Information Arraignment Murder Charge

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Lotuch Angorita

Defendant

Procedural Posture

Criminal Case / Ruling on Striking Out Information Prior to Arraignment

Legal Issues

  1. 1 Whether it is proper to keep a criminal file open where the accused has never been arraigned for trial.
  2. 2 Whether the information for murder should be struck out due to lack of arraignment.

Ratio Decidendi

The court found that maintaining a criminal file where the accused has never been arraigned is an abuse of process and a waste of judicial resources. As a result, the information for murder filed against the accused was struck out. The court emphasized that the prosecution and police retain the liberty to arrest and properly arraign the accused in accordance with the law, but the current proceedings could not continue in the absence of arraignment.

Court Disposition

information struck out; file closed

Orders

  • The information dated May 27, 2020 and filed on May 28, 2020 is struck out.
  • The prosecution and police are at liberty to arrest and arraign the suspect for murder in the appropriate manner.