[2019] KEHC 2895 (KLR)
The court found that since the accused persons had already been acquitted under section 210 of the Criminal Procedure Code and the prosecution had not sought a stay of proceedings, the appeal challenging the refusal to grant an adjournment and withdrawal of charges was overtaken by events. The prosecution's...
Source-derived case information.
- Citation
- [2019] KEHC 2895 (KLR)
- Parties
- Appellant: Republic; Respondent: Calvin Ouma Magare and 18 Others
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 67 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Application to Withdraw Appeal
- Outcome
- Appeal withdrawn and file closed.
- Judges
- RE Aburili
- Legal Topics
- Withdrawal of Appeal, Adjournment Refusal, Acquittal Under Section 210, Prosecution Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Calvin Ouma Magare and 18 Others
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application to Withdraw Appeal
Legal Issues
- 1 Whether the appeal by the prosecution challenging the refusal to grant adjournment and withdrawal of charges is maintainable after acquittal of the accused persons.
- 2 Whether the appeal should be withdrawn as it has been overtaken by events.
Ratio Decidendi
The court found that since the accused persons had already been acquitted under section 210 of the Criminal Procedure Code and the prosecution had not sought a stay of proceedings, the appeal challenging the refusal to grant an adjournment and withdrawal of charges was overtaken by events. The prosecution's application to withdraw the appeal was merited, and the appeal was accordingly marked as wholly withdrawn and the file closed.
Court Disposition
Appeal withdrawn and file closed.
Orders
- The appeal is marked as wholly withdrawn.
- The appeal file is marked as closed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 67 OF 2019
REPUBLIC..........................................................................APPELLANT
VERSUS
CALVIN OUMA MAGARE AND 18 OTHERS............RESPONDENT
(Being an appeal by the State against the refusal by the trial court to grant an
adjournmentin Siaya PMCR Case No. 868 of 2018 dated 3rd December, 2018
before Hon T.M. OLANDO – SRM).
RULING
1. The appeal herein was filed on 4th December, 2018 by the prosecution challenging the order by the SRM Hon. T. Olando refusing to grant an adjournment and to withdraw the charges against 18 accused persons under section 87 (a)| of the Criminal Procedure Code. This was on 3rd December 2018 in SiayaPMCR Case No. 868 of 2018.
2. After the trial court delivered the ruling rejecting the application for adjournment and a withdrawal of the charges under section 87(a) of the Criminal procedure Code as requested by the prosecution, the court set a date for a ruling on a case to answer and on 18th December 2018 the court delivered a ruling making a finding that the accused persons had no case to answer and acquitted them under section 210 of the Criminal Procedure Code.
3. As the appellants herein did not seek for stay of the proceedings of the trial court pending the hearing and determination of this appeal, no doubt the appeal has been overtaken by events.
4. The prosecution now at the instance of the court applies to withdraw this appeal. I find the application for withdrawal of the appeal merited as the appeal is spent.
5. This appeal is accordingly marked as wholly withdrawn.
6, The Appeal file is hereby marked as closed.
7. Orders accordingly.
Dated, Signed and delivered this 30th day of October, 2019.
R.E. Aburili
JUDGE
In the presence of:
Mr. Ngetich Prosecution Counsel for the Appellant
N/A for the Respondents
CA: Brenda and Modestar