[2024] KEHC 13567 (KLR)
The court found that the prosecution, having applied under Article 157 of the Constitution to discontinue the murder charges due to the non-availability of witnesses, and with no objection from the accused persons, was entitled to have the proceedings terminated. The court exercised its discretion to allow the...
Source-derived case information.
- Citation
- [2024] KEHC 13567 (KLR)
- Parties
- Applicant: Republic; Defendant: George Olwanda Otobe alias Omundu; Defendant: Lawrence Omondi Owino alias Obunga; Defendant: Jerim Otieno Ojode alias Jede; Defendant: Stephen Onyango Odhiambo alias Steve; Defendant: Wycliffe Oduor Ouma alias Wickie
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2020
- Procedural Posture
- Criminal Case / Ruling on Prosecution's Application to Discontinue Charges
- Outcome
- charges discontinued, accused discharged
- Judges
- RE Aburili
- Legal Topics
- Discontinuance of Proceedings, Withdrawal of Charges, Murder Charges, Prosecution Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Olwanda Otobe alias Omundu
Defendant
Lawrence Omondi Owino alias Obunga
Defendant
Jerim Otieno Ojode alias Jede
Defendant
Stephen Onyango Odhiambo alias Steve
Defendant
Wycliffe Oduor Ouma alias Wickie
Defendant
Procedural Posture
Criminal Case / Ruling on Prosecution's Application to Discontinue Charges
Legal Issues
- 1 Whether the prosecution can discontinue murder charges due to non-availability of witnesses.
- 2 Whether the accused persons should be discharged upon the prosecution's application under Article 157 of the Constitution.
Ratio Decidendi
The court found that the prosecution, having applied under Article 157 of the Constitution to discontinue the murder charges due to the non-availability of witnesses, and with no objection from the accused persons, was entitled to have the proceedings terminated. The court exercised its discretion to allow the application, noting that the prosecution's inability to proceed rendered further trial futile. Consequently, the accused persons were discharged from the information of murder and set at liberty unless otherwise lawfully held. The court also ordered the discharge of sureties and the return of securities, and closed the file, in accordance with the law and the interests of justice.
Court Disposition
charges discontinued, accused discharged
Orders
- The charges of murder against all five accused persons are discontinued and the accused are discharged.
- All five accused persons are set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
29 paragraphs
Republic v Otobe alias Omundu & 4 others (Criminal Case 10 of 2020) [2024] KEHC 13567 (KLR) (6 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13567 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 10 of 2020
RE Aburili, J
November 6, 2024
Between
Republic
Prosecutor
and
George Olwanda Otobe alias Omundu
1st Accused
Lawrence Omondi Owino alias Obunga
2nd Accused
Jerim Otieno Ojode alias Jede
3rd Accused
Stephen Onyango Odhiambo alias Steve
4th Accused
Wycliffe Oduor Ouma alias Wickie
5th Accused
Ruling
1. On application Under Article 157 of the Constitution by the prosecution to discontinue the charges of murder against all the accused persons herein on account of non availability of witnesses to testify, and on no objection from the accused persons through their advocate Mr. Mbeka, I hereby order that the charges of murder contrary to Section 203 as read with Section 204 of the Penal code against the five (5) accused persons namely; George Olwanda Otobe alias Omundu, Lawrence Omondi Owino alias Obunga, Jerim Otieno Ojoge alias Jede, Stephen Onyango Odhiambo alias Steve and Wycliffe Oduor Ouma alias Wickie as per the consolidated information dated 7th September 2020 shall not continue and all the accused persons are hereby discharged of the information of the murder of Johness Alele Omondi and Alex Njer Osewe as per counts I and II of the information dated 7th September 2020 and filed in court on 22nd September 2020.
2. Consequently, all the 5 accused persons are hereby discharged and unless otherwise lawfully held, they are set at liberty forthwith.
3. The defence counsel Mr. Mbeka is hereby discharged from these pauper brief proceedings, from representing the accused persons. He shall be paid his legal fees upon presentation of the fee note plus the accompanying documents.
4. The sureties for the 4 accused persons who are on bond are discharged and the securities deposited into court to be returned to them forthwith.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF NOVEMBER, 2024. R. E. ABURILIJUDGE