[2012] KEHC 1183 (KLR)
The court found that there was no evidence tendered against the 2nd accused, and both the prosecution and defence agreed that the witness statements did not connect him to the murder. In accordance with Article 157(6)(c), (7), and (8) of the Constitution of Kenya, the court granted permission to discontinue the...
Source-derived case information.
- Citation
- [2012] KEHC 1183 (KLR)
- Parties
- Applicant: Republic; Defendant: Collins Kirwa Koima; Defendant: Robert Kipkosgei Koima
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2012
- Procedural Posture
- Criminal Case / Ruling on Application to Discontinue Prosecution Against 2nd Accused
- Outcome
- application to discontinue prosecution against 2nd accused granted; 2nd accused acquitted and discharged
- Judges
- MJA Emukule
- Legal Topics
- Discontinuance of Prosecution, Acquittal, Murder Charge, Constitutional Powers of Dpp
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Collins Kirwa Koima
Defendant
Robert Kipkosgei Koima
Defendant
Procedural Posture
Criminal Case / Ruling on Application to Discontinue Prosecution Against 2nd Accused
Legal Issues
- 1 Whether the prosecution should be discontinued against the 2nd accused under Article 157(6)(c) of the Constitution of Kenya, 2010.
- 2 Whether the court should acquit the 2nd accused in the absence of evidence connecting him to the offence.
Ratio Decidendi
The court found that there was no evidence tendered against the 2nd accused, and both the prosecution and defence agreed that the witness statements did not connect him to the murder. In accordance with Article 157(6)(c), (7), and (8) of the Constitution of Kenya, the court granted permission to discontinue the prosecution and ordered the acquittal and discharge of the 2nd accused. The court emphasized that the discontinuance of charges is subject to judicial oversight and, in the absence of incriminating evidence, the only proper order was to acquit and release the accused.
Court Disposition
application to discontinue prosecution against 2nd accused granted; 2nd accused acquitted and discharged
Orders
- Permission granted to discontinue prosecution of the 2nd accused.
- 2nd accused acquitted and discharged of the charge of murder.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
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REPUBLIC..............................................................................................PROSECUTOR
VERSUS
ROBERT KIPKOSGEI KOIMA..............................................................1ST ACCUSED
COLLINS KIRWA KOIMA...................................................................2ND ACCUSED
RULING
Collins Kirwa Koima is charged together with Robert Kipkosgei Koima the 1st Accused with the murder of his brother, Kipkemoi Koima.
Miss Idagwa learned State Counsel has applied under the provisions of Article 157(6)(c) of the Constitution of Kenya, 2010 to discontinue the charges against the 2nd Accused in this matter. The discontinuance of charges against an accused is subject to the permission of the court under Article 157(8) of the said Constitution of Kenya.
Learned State Counsel submitted and Miss Naija learned counsel for the accused agreed that there was in the statements of witnesses, no evidence connecting the 2nd accused with the murder or otherwise, killing of the deceased.
Article 157(7) provides that if the discontinuance of any proceedings underClause (6)(c) takes place after the close of the prosecution's case, the defendant shall be acquitted.
In this case no evidence has in fact been tendered against the accused. It is apparent from what learned State Counsel said that there was, and there is, no incriminating evidence against the accused.In the circumstances the proper order to make is firstly -
(1)to grant permission to the learned State Counsel to discontinue the prosecution of the accused, and which is hereby granted,
(2)to acquit and discharge this accused of charge of murder against him, which is hereby also ordered, which is hereby also ordered. This accused be released forthwith unless otherwise lawfully held.
There shall therefore be orders accordingly.
Dated, signed and delivered at Nakuru this 29th day of October, 2012
M.J. ANYARA EMUKULE
JUDGE