[2021] KEHC 9530 (KLR)
The court found that the prosecution's application for nolle prosequi was properly made under Article 157(4)(b) of the Constitution, as the witnesses necessary for the prosecution of the murder charge had relocated and could not be traced. There being no objection from the accused or his counsel, and the prosecution...
Source-derived case information.
- Citation
- [2021] KEHC 9530 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Brian Otieno Oginga
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2020
- Procedural Posture
- Criminal Case / Ruling on Nolle Prosequi Application
- Outcome
- proceedings terminated, accused discharged
- Judges
- RE Aburili
- Legal Topics
- Nolle Prosequi, Termination of Proceedings, Murder Charge, Discharge of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Brian Otieno Oginga
Defendant
Procedural Posture
Criminal Case / Ruling on Nolle Prosequi Application
Legal Issues
- 1 Whether the proceedings in the murder case should be terminated following the prosecution's nolle prosequi application.
- 2 Whether the accused should be discharged and set at liberty.
Ratio Decidendi
The court found that the prosecution's application for nolle prosequi was properly made under Article 157(4)(b) of the Constitution, as the witnesses necessary for the prosecution of the murder charge had relocated and could not be traced. There being no objection from the accused or his counsel, and the prosecution having provided sufficient reasons for discontinuance, the court exercised its discretion to terminate the proceedings. The accused was accordingly discharged and set at liberty, unless otherwise lawfully held.
Court Disposition
proceedings terminated, accused discharged
Orders
- The proceedings in the murder case against Brian Otieno Oginga shall not continue.
- The accused Brian Otieno Oginga is discharged and set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL CASE NO. 1 OF 2020
STATE..............................PROSECUTION
VERSUS
BRIAN OTIENO OGINGA.....ACCUSED
RULING
1. On application by the Office of Director of Public Prosecutions vide nolle prosequidated 26. 1.2021 signed by E.M. Kakoi, Principal Prosecution Counsel Pursuant to Article 157 (4) (b) of the Constitution, and for the reasons given that witnesses have relocated and cannot be traced and as the accused person Brian Otieno Oginga and his Counsel have no objection to such termination of the charges of Murder against him, I hereby Order that the proceedings in this Murder case against the accused person Brian Otieno Oginga shall not continue.
2. Accordingly, the accused person Brian Otieno Oginga is hereby discharged and unless otherwise lawfully held, Brian Otieno Oginga is hereby set at liberty.
3. That the file is closed.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya this 26th day of January, 2021
R.E. ABURILI
JUDGE