[2022] KEHC 10547 (KLR)
The court allowed the nolle prosequi entered by the Director of Public Prosecutions, finding that there was no objection from the defence and that the decision had been explained to the deceased's brother. The court discharged the accused, Geoffrey Oduor Mito, from the Information of Murder dated February 28, 2022,...
Source-derived case information.
- Citation
- [2022] KEHC 10547 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Geoffrey Oduor Mito
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2022
- Procedural Posture
- Criminal Case / Ruling on Nolle Prosequi
- Outcome
- Nolle prosequi allowed; accused discharged (not absolute); file closed.
- Judges
- RE Aburili
- Legal Topics
- Nolle Prosequi, Discharge of Accused, Murder Information, Prosecutorial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Geoffrey Oduor Mito
Defendant
Procedural Posture
Criminal Case / Ruling on Nolle Prosequi
Legal Issues
- 1 Whether the court should allow the nolle prosequi entered by the Director of Public Prosecutions in a murder case.
- 2 Whether the discharge of the accused is absolute or conditional.
Ratio Decidendi
The court allowed the nolle prosequi entered by the Director of Public Prosecutions, finding that there was no objection from the defence and that the decision had been explained to the deceased's brother. The court discharged the accused, Geoffrey Oduor Mito, from the Information of Murder dated February 28, 2022, but clarified that the discharge was not absolute, meaning the Prosecution retains the right to charge the accused afresh should sufficient evidence arise. The ruling was based on the prosecutorial discretion granted by law and the absence of any procedural or substantive objection to the discontinuance of the proceedings.
Court Disposition
Nolle prosequi allowed; accused discharged (not absolute); file closed.
Orders
- The nolle prosequi dated 31/5/2022 is allowed.
- The Information of Murder dated February 28, 2022 against Geoffrey Oduor Mito shall not continue.
Full Case Text
Judgment text and source record
19 paragraphs
State v Mito (Criminal Case E008 of 2022) [2022] KEHC 10547 (KLR) (31 May 2022) (Ruling)
Neutral citation: [2022] KEHC 10547 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E008 of 2022
RE Aburili, J
May 31, 2022
Between
State
Prosecution
and
Geoffrey Oduor Mito
Accused
Ruling
1. Upon hearing the Prosecution through Mr. Kakoi Senior Principal Prosecution Counsel and upon reading the Nolle Prosequi dated 31/5/2022 which the defence counsel does not object to, and upon explaining the same to the deceased person’s brother, of the decision taken by the Office of the Director of Public Prosecutions in this matter, I hereby allow the Nolle Prosequi dated 31/5/2022 and order that the Information of Murder dated February 28, 2022 against Geoffrey Oduor Mito shall not continue.
2. Accordingly, the accused person herein Geoffrey Oduor Mito is hereby discharged of the Information of Murder, which discharge is not absolute as the Prosecution may charge him afresh with the same offence should they gather sufficient evidence to warrant a fresh charge.
3. Orders accordingly,
4. File closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 31ST DAY OF MAY, 2022R.E. ABURILIJUDGE