[2018] KEHC 2116 (KLR)

[2018] KEHC 2116 (KLR)

The court found that the prosecution's application to withdraw the murder charge under Section 87(a) of the Criminal Procedure Code was properly made and unopposed by the accused. The court exercised its discretion to allow the withdrawal and discharge the accused from the murder charge. However, since the...

Source-derived case information.

Citation
[2018] KEHC 2116 (KLR)
Parties
Defendant: Stephen Oduor Oloo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Case 1 of 2018
Procedural Posture
Criminal Case / Ruling on Prosecution Application to Withdraw Murder Charge and Substitute With Manslaughter
Outcome
Murder charge withdrawn; accused discharged; accused to be charged afresh with manslaughter.
Judges
RE Aburili
Legal Topics
Withdrawal of Charge, Substitution of Charge, Manslaughter, Criminal Procedure
Source Language
en
Criminal Law Withdrawal of Charge Substitution of Charge Manslaughter Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Stephen Oduor Oloo

Defendant

Republic

Respondent

Procedural Posture

Criminal Case / Ruling on Prosecution Application to Withdraw Murder Charge and Substitute With Manslaughter

Legal Issues

  1. 1 Whether the prosecution can withdraw a murder charge under Section 87(a) of the Criminal Procedure Code to substitute it with a manslaughter charge.
  2. 2 Whether the accused should be discharged from the murder charge and held for plea on the lesser charge.

Ratio Decidendi

The court found that the prosecution's application to withdraw the murder charge under Section 87(a) of the Criminal Procedure Code was properly made and unopposed by the accused. The court exercised its discretion to allow the withdrawal and discharge the accused from the murder charge. However, since the prosecution intended to charge the accused afresh with manslaughter, the court ordered that the accused remain in custody and be produced before the Principal Magistrate's court to take plea on the new charge. The file before the High Court was accordingly closed.

Court Disposition

Murder charge withdrawn; accused discharged; accused to be charged afresh with manslaughter.

Orders

  • The charge of murder against Stephen Oduor Oloo is withdrawn under Section 87(a) of the Criminal Procedure Code.
  • The accused is discharged from the murder charge.