[2015] KEHC 4330 (KLR)
The court found that the Director of Public Prosecutions had provided sufficient reasons for discontinuing the prosecution, including the identification of the wrong persons as accused and inconsistencies in witness statements. Since the hearing had not commenced and the statutory requirements under section 25(1) of...
Source-derived case information.
- Citation
- [2015] KEHC 4330 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Mwema Mwendwa; Defendant: Mwinzi Mulyungi
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2014
- Procedural Posture
- Criminal Case / Ruling on Application for Discontinuance Before Commencement of Hearing
- Outcome
- prosecution discontinued with court's permission
- Judges
- GMA Dulu
- Legal Topics
- Discontinuance of Prosecution, Powers of Dpp, Criminal Procedure, Withdrawal of Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Mwema Mwendwa
Defendant
Mwinzi Mulyungi
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Discontinuance Before Commencement of Hearing
Legal Issues
- 1 Whether the Director of Public Prosecutions has provided sufficient grounds to discontinue the prosecution before commencement of hearing.
- 2 Whether the court should grant permission for discontinuance under section 25(1) of the Office of the Director of Public Prosecutions Act 2013.
Ratio Decidendi
The court found that the Director of Public Prosecutions had provided sufficient reasons for discontinuing the prosecution, including the identification of the wrong persons as accused and inconsistencies in witness statements. Since the hearing had not commenced and the statutory requirements under section 25(1) of the Office of the Director of Public Prosecutions Act 2013 were met, the court granted permission for discontinuance. The court also acknowledged the defence's request for a copy of the proceedings and ordered that a certified copy be supplied upon payment of applicable charges.
Court Disposition
prosecution discontinued with court's permission
Orders
- The prosecution is marked as discontinued.
- The defence shall be supplied with a certified copy of the proceedings upon payment of applicable copying charges.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 8 OF 2014
REPUBLIC ….……...…………..……… PROSECUTION
VERSUS
1. PAUL MWEMA MWENDWA …….. 1ST DEFENDANT
2. MWINZI MULYUNGI …………………2ND DEFENDANT
RULING
The Prosecuting Counsel Mr. Okemwa on behalf of the Director of Public Prosecutions has requested the court’s permission to discontinue the case under section 25 (1) of the Office of the Director of Public Prosecutions Act 2013. He has given the reasons that it is apparent that the wrong persons were charged in court. He has also stated that the statements from witnesses disclose a lot of discrepancies and confusion. He has further stated that the decision to request for discontinuance of the prosecution was reached after extensive consultations in their office.
Mr. Nyasani for the accused stated that it had taken unduly long for the DPP’s office to make the decision to discontinue the case as this was a 2014 matter. In addition, his client had been in custody for a year or so. He requested to be provided with copy of the proceedings herein.
Section 25 (1) of the Office of the Director of Public Prosecution Act 2013 provides that the Director may with the permission of the court discontinue a prosecution at any stage before delivery of judgment. Hearing of the case has not commenced.
In my view, the Director has given sufficient reasons herein to support the request for discontinuance of the prosecution. I therefore grant the permission sought and mark the prosecution herein as discontinued.
I also order that the defence will be supplied with certified copy of the proceedings herein, subject to payment of any applicable copying charges.
Dated and delivered at Garissa this 7th day of May, 2015
GEORGE DULU
JUDGE