Kenya Case Law

Republic v Chebii

Republic v Chebii [2025] KEHC 10587 (KLR)

Court

High Court

Case number

Criminal Case E028 of 2022

Judge

RN Nyakundi

The court held that the Director of Public Prosecutions has the constitutional and statutory authority to discontinue criminal proceedings by entering a nolle prosequi, provided that judicial permission is sought and granted. In this case, the application was grounded in objective medical evidence confirming the accused's unfitness to plead due to Bipolar Mood disorder. The court found that the prosecution acted in good faith, and that continuing the proceedings would violate principles of natural justice and the accused's rights. The court applied the constitutional thresholds of public inte…

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• Prosecutorial Discretion
• Nolle Prosequi
• Fitness To Plead
• Mental Health In Criminal Law

Republic v Momposhi alias Kipangara & another

Republic v Momposhi alias Kipangara & another [2025] KEHC 7850 (KLR)

Court

High Court

Case number

Criminal Case E014 of 2024

Judge

CM Kariuki

The High Court at Kilgoris rejected the prosecution's nolle prosequi application, holding that the delay-driven request would abuse process and prejudice fair trial rights.

• Nolle Prosequi
• Prosecutorial Discretion
• Fair Trial Rights
• Abuse Of Process
• Nolle-prosequi
• Prosecutorial-discretion

Republic v Siatah

Republic v Siatah [2025] KEHC 6023 (KLR)

Court

High Court

Case number

Criminal Case E040 of 2021

Judge

JR Karanja

The court found that while the Director of Public Prosecutions has constitutional power to discontinue criminal proceedings by entering a nolle prosequi, this power is not absolute and must be exercised in accordance with the interests of justice, public interest, and the rights of the accused. In this case, the prosecution's application was motivated by convenience and the inability to secure witnesses, rather than genuine public interest or justice. The court determined that allowing the nolle prosequi after prolonged delays and lack of diligent prosecution would amount to an abuse of the c…

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• Nolle Prosequi
• Withdrawal Of Proceedings
• Constitutional Rights
• Abuse Of Process

Republic v Kamotho

Republic v Kamotho [2025] KEHC 577 (KLR)

Court

High Court

Case number

Criminal Case E001 of 2025

Judge

DR Kavedza

The court held that a mental assessment is a beneficial and necessary practice for determining the accused's mental state and fitness to stand trial, but since the accused had already undergone a mental assessment in a previous case with a report indicating fitness to plead, a further assessment was not necessary without new grounds presented by the prosecution. The court also held that entering a nolle prosequi and discharging the accused does not bar subsequent proceedings on the same facts, and the prosecution is not required to reopen a previously closed file.

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• Mental Assessment
• Fitness To Plead
• Nolle Prosequi
• Prosecutorial Discretion

Republic v Kandie

Republic v Kandie [2024] KEHC 15975 (KLR)

Court

High Court

Case number

Criminal Case 23 of 2023

Judge

E Ominde

The High Court at Iten closed the prosecution case in this murder trial after witnesses proved unavailable, and acquitted the accused under section 210 CPC.

• Murder Charge
• Prosecution Closure
• Nolle Prosequi
• Acquittal
• Witness Unavailability
• Criminal-law

Republic v Kiprotich

Republic v Kiprotich [2024] KEHC 15978 (KLR)

Court

High Court

Case number

Criminal Case 36 of 2023

Judge

E Ominde

The High Court at Iten closed the prosecution case in a murder trial after repeated failure to secure witnesses, and acquitted the accused under section 210.

• Murder Charge
• Prosecution Closure
• Nolle Prosequi
• Acquittal Procedure
• Murder-charge
• Prosecution-case-closure

Republic v Mwangi

Republic v Mwangi [2024] KEHC 10084 (KLR)

Court

High Court

Case number

Criminal Case E007 of 2023

Judge

GL Nzioka

The court held that under Article 157(8) of the Constitution and section 25(1) of the Office of the Director of Public Prosecutions Act, the Director of Public Prosecutions (DPP) may only discontinue criminal proceedings with the court's permission. The court's role is to ensure that the DPP's discretion is exercised judiciously, in good faith, and in the public interest, and to intervene only where there is evidence of abuse of discretion, improper purpose, or irrationality. In this case, the court found no evidence of abuse or improper purpose in the DPP's decision to enter a nolle prosequi…

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• Nolle Prosequi
• Prosecutorial Discretion
• Victims Rights
• Court Permission
• Abuse Of Process

Republic v Amala & another

Republic v Amala & another [2024] KEHC 7456 (KLR)

Court

High Court

Case number

Criminal Case 15 of 2020

Judge

MS Shariff

The High Court at Kisumu allowed a nolle prosequi against the 2nd accused after he jumped bail, but kept the warrants of arrest against him and his surety in force.

• Nolle Prosequi
• Bail Jumping
• Warrants Of Arrest
• Nolle-prosequi
• Bail-jumping
• Warrants-of-arrest

Republic v Orengo

Republic v Orengo [2024] KEHC 1017 (KLR)

Court

High Court

Case number

Criminal Case 22 of 2020

Judge

RE Aburili

The court found that the prosecution was unable to proceed with the case due to the unavailability of key witnesses and the missing original postmortem report. The investigators had not made sufficient efforts to trace the witnesses, and the current investigating officer was not involved in the initial investigation. The court declined to issue summons to the original investigating officer, holding that it should not be drawn into internal police administrative matters. Given the circumstances, the court was satisfied that the prosecution had made a case for termination of the proceedings und…

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• Nolle Prosequi
• Termination Of Proceedings
• Missing Evidence
• Witness Unavailability

Republic v GK

Republic v GK [2023] KEHC 4160 (KLR)

Court

High Court

Case number

Criminal Case E018 of 2022

Judge

RL Korir

The court found that the DPP's application to discontinue the prosecution against the minor by entering a nolle prosequi was lawful and justified. The DPP had reviewed the evidence and determined that there was a possibility of adult involvement in the crime, making a public inquest appropriate. The court noted that the prosecution had not advanced the case and that the charge was not on firm footing. The court was satisfied that the DPP had complied with the constitutional and statutory requirements for entering a nolle prosequi, including seeking the court's permission. There was no objecti…

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• Nolle Prosequi
• Powers Of Dpp
• Juvenile Offender
• Public Inquest