[2023] KEHC 18993 (KLR)
The court found that the prosecution's application for discontinuance was justified, as the Government Analyst's report established that the blood stains on the accused's gumboots did not match the DNA profiles of either the accused or the deceased. In the absence of forensic evidence linking the accused to the...
Source-derived case information.
- Citation
- [2023] KEHC 18993 (KLR)
- Parties
- Applicant: State; Defendant: Charles Okoth Odiero
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2023
- Procedural Posture
- Criminal Case / Ruling on Application for Discontinuance of Proceedings
- Outcome
- Application for discontinuance allowed; criminal proceedings against the accused discontinued.
- Judges
- DO Ogembo
- Legal Topics
- Murder Charge, Discontinuance of Proceedings, Dna Evidence, Powers of Dpp
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Charles Okoth Odiero
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Discontinuance of Proceedings
Legal Issues
- 1 Whether the prosecution should be allowed to discontinue the murder case against the accused under Article 157 of the Constitution.
- 2 Whether the DNA evidence exonerates the accused from the alleged offence.
Ratio Decidendi
The court found that the prosecution's application for discontinuance was justified, as the Government Analyst's report established that the blood stains on the accused's gumboots did not match the DNA profiles of either the accused or the deceased. In the absence of forensic evidence linking the accused to the crime, and with no objection from the defence, the court held that the Director of Public Prosecutions was properly exercising its constitutional power under Article 157(6)(c) to discontinue the proceedings. The court accordingly allowed the application and discontinued the case against the accused.
Court Disposition
Application for discontinuance allowed; criminal proceedings against the accused discontinued.
Orders
- The prosecution's application for discontinuance is allowed.
- The criminal case against Charles Okoth Odiero is discontinued.
Full Case Text
Judgment text and source record
21 paragraphs
State v Odiero (Criminal Case E007 of 2023) [2023] KEHC 18993 (KLR) (21 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18993 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E007 of 2023
DO Ogembo, J
June 21, 2023
Between
State
Prosecution
and
Charles Okoth Odiero
Accused
Ruling
1. The accused Charles Okoth Odiero was charged before this court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. When this case came up for hearing on June 20, 2023, prosecuting counsel, Ms Mumu, stood up to address the court. Counsel submitted that when the decision to charge the accused was made, the prosecution did not have the report from the Government chemist. That the accused was arrested by members of the public because he was putting on gumboots that had blood stains assumed to have been of the deceased. That the accused had himself explained that he had been from hunting and that the blood stains was of an animal he had killed.
2. Further, that the gum boots were taken to the Government chemist for examination, that on examination, it has been determined that the blood stains on the gum boots do not match with the DNA profile generated from the accused person or the deceased person. The said Analysist report was produced and handed over to the court for consideration.
3. The Prosecution have applied under Article 157 (6) (c) and Article 157 (9) of theConstitution, to have this case terminated. The defence have not opposed this application.
4. I have considered this application of the prosecution side. I have also perused the analysist report dated May 12, 2023 confirming the position of the prosecution. Article 157 (6) (c) provides;'The Director of Public Prosecutions shall exercise powers of Prosecution and May -(c)Subject to Clauses (7) and (8) discontinue at any stage before judgement is delivered, any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions under Paragraph (b). The Constitution therefore bestows on the Director of Public Prosecutions the authority to discontinue criminal cases instituted by it or taken over by it.'
5. In our instant case, the application of the Prosecution is based on the findings of the Government Analysist as contained in the report dated May 12, 2023 and produced in court. The defence have not objected to the Prosecution’s application.
6. In the circumstances, I allow the application of the Prosecution. This case is accordingly discontinued on the application of the Prosecution.It is so ordered.
D. O. OGEMBOJUDGE21ST JUNE, 2023Court:Ruling read out in open court in the presence of the accused, Ms. Akinyi for accused and Ms. Mumu for the State.D. O. OGEMBOJUDGE21ST JUNE, 2023