[2005] KEHC 1859 (KLR)
The court found that the statutory period of 12 months for concluding a criminal case involving a child, as stipulated by Rule 12(4) of the 5th Schedule of the Children.s Act, had elapsed since the plea was taken. The prosecution conceded to this fact. Accordingly, the court held that the case must be dismissed and...
Source-derived case information.
- Citation
- [2005] KEHC 1859 (KLR)
- Parties
- Applicant: Republic; Defendant: BKN
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 134 of 2003
- Procedural Posture
- Criminal Case / Ruling on Application for Dismissal Due to Lapse of Statutory Period
- Outcome
- case dismissed and accused discharged
- Legal Topics
- Children Act Proceedings, Statutory Time Limits, Criminal Procedure, Dismissal of Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
BKN
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Dismissal Due to Lapse of Statutory Period
Legal Issues
- 1 Whether the lapse of 12 months as envisaged by Rule 12(4) of the 5th Schedule of the Children.s Act mandates dismissal of the case.
- 2 Whether the accused should be discharged and released from further proceedings for the same offence.
Ratio Decidendi
The court found that the statutory period of 12 months for concluding a criminal case involving a child, as stipulated by Rule 12(4) of the 5th Schedule of the Children.s Act, had elapsed since the plea was taken. The prosecution conceded to this fact. Accordingly, the court held that the case must be dismissed and the accused discharged, as further proceedings would be contrary to the law.
Court Disposition
case dismissed and accused discharged
Orders
- The case is hereby dismissed.
- The accused is hereby discharged and shall not be liable to any further proceedings for the same offence.
Full Case Text
Judgment text and source record
8 paragraphs
IN THE HIGH COURT OF KENYA AT NAKURU Criminal Case 134 of 2003 REPUBLIC……………………………………..….…...PROSECUTOR VERSUS BKN…………………………..………………………..……...ACCUSED RULING
From the record, it is apparent that the plea was taken on 22nd October, 2003 by Hon. Justice Jessie Lesiit. Apparently, since then, the 12 months that were envisaged by Rule 12 (4) of the 5th Schedule of the Children’s Acthas already elapsed. The Assistant Deputy Public Prosecutor viz, Mr.Gumo has correctly and wisely conceded to the application.
In view of the above, the case is hereby dismissed. The Accused is hereby discharged and shallnot be liable to any further proceedings for the same offence.
The Subject should be released forthwith unless held lawfully.
Those are the orders of the Court.
MUGA APONDI JUDGE 21ST JULY, 2005
Ruling written, read, signed and delivered in open Court.
MUGA APONDI JUDGE 21ST JULY, 2005