[2020] KEHC 5760 (KLR)

[2020] KEHC 5760 (KLR)

The court found that the application by the Office of the Director of Public Prosecution to enter a nolle prosequi was properly made and that there was no objection from the accused. In exercise of its discretion and in accordance with the law, the court allowed the application, terminated the prosecution, and...

Source-derived case information.

Citation
[2020] KEHC 5760 (KLR)
Parties
Applicant: Republic; Defendant: Joseph Otieno Okembo
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Case 16 of 2019
Procedural Posture
Criminal Case / Ruling on Nolle Prosequi Application
Outcome
prosecution terminated and accused discharged
Judges
RE Aburili
Legal Topics
Nolle Prosequi, Termination of Proceedings, Discharge of Accused
Source Language
en
Criminal Law Nolle Prosequi Termination of Proceedings Discharge of Accused

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Joseph Otieno Okembo

Defendant

Procedural Posture

Criminal Case / Ruling on Nolle Prosequi Application

Legal Issues

  1. 1 Whether the prosecution against the accused should be terminated upon application for nolle prosequi by the Director of Public Prosecution.

Ratio Decidendi

The court found that the application by the Office of the Director of Public Prosecution to enter a nolle prosequi was properly made and that there was no objection from the accused. In exercise of its discretion and in accordance with the law, the court allowed the application, terminated the prosecution, and discharged the accused from the information of murder. The court further ordered that the accused be set at liberty unless otherwise lawfully held.

Court Disposition

prosecution terminated and accused discharged

Orders

  • The prosecution of Joseph Otieno Okembo is terminated and discontinued.
  • The accused is discharged from the information of murder dated 27th November, 2019.