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Kenya decisions
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Republic v Litembekho [2024] KEHC 15959 (KLR)
The High Court dismissed a revision application, holding there was no impropriety in the trial court’s discharge of the accused under section 87A CPC.
Republic v Muli [2024] KEHC 12842 (KLR)
The High Court at Embu granted leave to appeal out of time after finding the delay was explained by late receipt of certified proceedings and ruling.
Republic v Nderitu & another [2024] KEHC 10474 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, as the certified copies of the proceedings and impugned order were only availed after the statutory period for appeal had lapsed. The applicant acted promptly upon receipt of the documents and filed both the application for leave and the petition of appeal without undue delay. The court held that section 349 of the Criminal Procedure Code grants it discretion to admit an appeal out of time where the delay is attributable to late receipt of the judgment or order. The respondents' arguments…
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Republic v Onyango & 2 others [2024] KEHC 231 (KLR)
The High Court at Kisumu allowed the prosecution to withdraw a murder charge under section 87(a) of the Criminal Procedure Code and discharged the three accused.
Republic v Lekutit & 2 others [2023] KEHC 25858 (KLR)
The court found that the prosecution had made genuine and documented efforts to secure the attendance of witnesses, who refused to cooperate, citing settlement of the matter according to Maasai custom. The court recognized a concerning trend of witnesses refusing to testify in similar cases, sometimes due to local settlements. The court held that the prosecution's application for withdrawal under section 87(a) of the CPC was made in good faith, in the public interest, and to prevent abuse of process. As the prosecution had not closed its case, the court granted permission for withdrawal, resu…
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Republic v Owiti & another [2023] KEHC 25536 (KLR)
The court found that the prosecution was unable to proceed with the murder case due to the unavailability of a key witness, as confirmed by the Investigating Officer. The defence raised no objection to the withdrawal application, and the court was satisfied that no prejudice would be occasioned to the accused persons or victims by allowing the withdrawal. Accordingly, the court exercised its discretion under Section 87(a) of the Criminal Procedure Code to allow the withdrawal of the murder charge and ordered the discharge of the accused persons, with liberty for the prosecution to revive the…
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Republic v Okumu [2023] KEHC 23380 (KLR)
The High Court at Kisumu granted the prosecution leave to withdraw a murder charge under section 87(a) of the Criminal Procedure Code, discharged the accused, and closed the file.
State v Mito [2022] KEHC 10547 (KLR)
The High Court at Siaya allowed a nolle prosequi in a murder case against Geoffrey Oduor Mito, discharged him, and noted the discharge was not absolute.
State v Brian Otieno Oginga [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 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.
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Republic v Kennedy Benjamin Wandaki Wanjala [2020] KEHC 5526 (KLR)
The High Court at Siaya discontinued a murder prosecution after a nolle prosequi was filed, discharged the accused, released the surety, and closed the file.
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