[2020] KEHC 5526 (KLR)
The court found that the Director of Public Prosecution had properly exercised the statutory power to discontinue the prosecution by filing a nolle prosequi, and there was no objection from the accused or his advocate. In accordance with the law, the court ordered the discontinuance of the murder prosecution against...
Source-derived case information.
- Citation
- [2020] KEHC 5526 (KLR)
- Parties
- Applicant: Republic; Defendant: Kennedy Benjamin Wandaki Wanjala
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Murder Case 5 of 2019
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- prosecution discontinued, accused discharged, surety released, file closed
- Judges
- RE Aburili
- Legal Topics
- Nolle Prosequi, Discontinuance of Prosecution, Murder Charge, Discharge of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Kennedy Benjamin Wandaki Wanjala
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the prosecution should be discontinued following the entry of a nolle prosequi by the Director of Public Prosecution.
- 2 Whether the accused should be discharged and set at liberty as a result of the discontinuance.
Ratio Decidendi
The court found that the Director of Public Prosecution had properly exercised the statutory power to discontinue the prosecution by filing a nolle prosequi, and there was no objection from the accused or his advocate. In accordance with the law, the court ordered the discontinuance of the murder prosecution against the accused, discharged him, and directed that he be set at liberty unless otherwise lawfully held. The surety was also discharged and securities ordered to be returned. The file was closed for all other purposes.
Court Disposition
prosecution discontinued, accused discharged, surety released, file closed
Orders
- The prosecution of Kennedy Benjamin Wandaki Wanjala for murder is discontinued.
- The accused is discharged and set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 5 OF 2019[MURDER]
REPUBLIC...............................................................................PROSECUTOR
VERSUS
KENNEDY BENJAMIN WANDAKI WANJALA......................ACCUSED
JUDGMENT
1. On the perusal of the nolle prosequidated 3. 3.2020 signed by Mr. David M. OkachiSenior Principal Prosecution Counsel on behalf of Director of Public Prosecution, and without objection from the Accused person and his Advocate, and as the Director of Public Prosecution does not wish to proceed with the Prosecution of the Accused person Kennedy Benjamin Wandaki Wanjala for the offence of Murder; I hereby order that the Prosecution of the Accused on the information of Murder dated 29tth March 2019 against the Accused Kennedy Benjamin Wandaki Wanjala is hereby discontinued. The Accused person Kennedy Benjamin Wandaki Wanjala is discharged and unless otherwise lawfully held, he is hereby set at liberty.
2. The surety (ies) are hereby discharged and their securities deposited with the Court to be returned to the surety forthwith.
3. This file is otherwise closed for purposes of any other proceedings.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya this 3rd day of March, 2020.
R.E. ABURILI
JUDGE