[2018] KEHC 1893 (KLR)

[2018] KEHC 1893 (KLR)

The court found that the prosecution's application to withdraw the murder charge under Section 87(a) of the Criminal Procedure Code was unopposed by the defence. The law permits such withdrawal, and the prosecution indicated its intention to file fresh charges of manslaughter. Accordingly, the court ordered the...

Source-derived case information.

Citation
[2018] KEHC 1893 (KLR)
Parties
Defendant: William Oduor Odhiambo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Case 14 of 2018
Procedural Posture
Criminal Case / Ruling on Prosecution Application to Withdraw Murder Charge and File Manslaughter Charge
Outcome
Murder charge withdrawn; accused discharged on that count but to remain in custody for manslaughter plea.
Judges
RE Aburili
Legal Topics
Withdrawal of Charge, Murder, Manslaughter, Criminal Procedure
Source Language
en
Criminal Law Withdrawal of Charge Murder Manslaughter Criminal Procedure

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Summary, issues, holding and outcome

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Parties

William Oduor Odhiambo

Defendant

Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the prosecution should be allowed to withdraw the murder charge under Section 87(a) of the Criminal Procedure Code.
  2. 2 Whether the accused should be discharged and fresh charges of manslaughter filed.

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 unopposed by the defence. The law permits such withdrawal, and the prosecution indicated its intention to file fresh charges of manslaughter. Accordingly, the court ordered the withdrawal of the murder charge and discharged the accused on that count, but directed that the accused remain in custody to be produced before the Principal Magistrate's Court for plea taking on the new manslaughter charge.

Court Disposition

Murder charge withdrawn; accused discharged on that count but to remain in custody for manslaughter plea.

Orders

  • The charge of murder is withdrawn under Section 87(a) of the Criminal Procedure Code.
  • The accused is discharged on the murder charge.