https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11733
The court accepted the DPP's explanation that, after reviewing the available evidence, a successful prosecution could not be mounted, found the grounds reasonable, lawful and proper, and granted leave to terminate the proceedings under Article 157 of the Constitution and section 82(1) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 11733 (KLR)
- Parties
- Prosecution: Republic; 1st Accused: Maureen Mutanu Kioko; 2nd Accused: Michael Otieno alias Mise; Victims: Victims
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E047 of 2024
- Procedural Posture
- Criminal Case; Murder Charge / Ruling on Dpp's Application for Leave to Enter Nolle Prosequi and Terminate Proceedings
- Outcome
- Application allowed; proceedings terminated; accused discharged; file closed.
- Judges
- ["AM Muteti"]
- Legal Topics
- Nolle Prosequi, DPP Discretion, Termination of Criminal Proceedings, Murder Charge, Public Interest Test, Evidential Sufficiency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Maureen Mutanu Kioko
1st Accused
Michael Otieno alias Mise
2nd Accused
Victims
Victims
Procedural Posture
Criminal Case; Murder Charge / Ruling on Dpp's Application for Leave to Enter Nolle Prosequi and Terminate Proceedings
Legal Issues
- 1 Whether the court should grant leave to the Director of Public Prosecutions to terminate the murder proceedings by nolle prosequi.
- 2 Whether the DPP had given reasonable, lawful and proper grounds for termination under Article 157 of the Constitution and section 82 of the Criminal Procedure Code.
Ratio Decidendi
The court accepted the DPP's explanation that, after reviewing the available evidence, a successful prosecution could not be mounted, found the grounds reasonable, lawful and proper, and granted leave to terminate the proceedings under Article 157 of the Constitution and section 82(1) of the Criminal Procedure Code.
Court Disposition
Application allowed; proceedings terminated; accused discharged; file closed.
Orders
- Leave granted to the DPP to terminate the murder proceedings by nolle prosequi.
- Maureen Mutanu Kioko and Michael Otieno alias Mise are discharged.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **CRIMINAL CASE NO. E047 OF 2024** **REPUBLIC----------------------------------------------------------PROSECTUION** **VERSUS** **MAUREEN MUTANU KIOKO--------------------------------------1ST ACCUSED** **MICHAEL OTIENO Alias MISE-----------------------------------2ND ACCUSED** **RULING** The Director of Public Productions has by way of a Nolle Prosequi dated 22nd June 2025sd sought leave of the court under Article 157 to have the murder charges against the two accused persons terminated. The DPP has through Mr. Solomon Naulikha SADPP told the court that the prosecution upon review of the evidence available has come to the conclusion that there cannot be mounted of successful prosecution thus the need for leave to terminate the proceedings. The advocates for the Accused persons as well as the victims have not raised any objection to the move by the DPP. The DPP under Section 8 2(1) of the Criminal Procedure Code as read with Article 157 (8) if the Constitution may upon giving reasons for his decision be granted leave by the court to terminate proceedings. The law anticipate that the DPP in taking the decision has taken into account the public interest and run the evidential test on the prosecution docket. The court has no reason to doubt the reasons advanced by the DPP and is this inclined to grant the leave sought. The reasons given appear reasonable, lawful and proper in law. A prosecution must never be undertaken for the sake of it. The court therefore allows the termination of the proceedings under Article 157 of the Constitution as read with Section 82 (i) of the criminal Procedure Code CA p 75 of L.o.K. The two accused persons Maureen MUTANU KIOKO and MICHAEL OTIENO alias MISES are hereby discharged. The file is closed. It is so ordered. **DATED, SIGNED** and **DELIVERED VIRTUALLY** at **NAIROBI** this **13th** day of **JULY, 2026.** 1. **M. MUTETI** **JUDGE** **In the presence of:** Court Assistant: Habiba Habiba: Court Assistant Ms Dela/Naulikha for state Nguno for 1st accused Nguono holding brief Adier for 2nd Accused Ms Ngigi for victims 1st Accused present 2nd Accused present