Kenya Case Law

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

Murea v Republic

Murea v Republic [2022] KECA 962 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 90 of 2019

Judges

AK Murgor, S ole Kantai, A Mbogholi-Msagha

The Court of Appeal held that the trial court and the High Court correctly found the appellant guilty of attempted rape based on credible and corroborated evidence from the prosecution witnesses. The appellant was given multiple opportunities to present his defence but declined to do so, and thus could not claim to have been denied the right to be heard. The attempt by the Director of Public Prosecutions to terminate the proceedings required the court's consent, which was properly withheld by the trial court with reasoned justification. The alleged contradictions in the prosecution's evidence…

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• Attempted Rape
• Sexual Offences Act
• Termination Of Proceedings
• Right To Fair Trial

Republic v Kurere & 3 others

Republic v Kurere & 3 others [2022] KEHC 11632 (KLR)

Court

High Court

Case number

Criminal Case 59 of 2017

Judge

WK Korir

The High Court at Kabarnet found a prima facie case against three accused persons and placed them on their defence. Proceedings against the deceased third accused were terminated.

• Case To Answer
• Termination Of Proceedings
• Criminal Procedure
• Death Of Accused
• Criminal-procedure
• Case-to-answer

Republic v Richard Meli

Republic v Richard Meli [2021] KEHC 495 (KLR)

Court

High Court

Case number

Criminal Case 20 of 2015

Judge

AN Ongeri

The court found that Section 87 of the Criminal Procedure Code does not apply to High Court proceedings, and thus the prosecution could not rely on it to withdraw the case. The ODPP, however, has constitutional and statutory power to discontinue criminal proceedings in the High Court, subject to obtaining the court's permission and considering public interest and the administration of justice. Since the prosecution had not adduced any evidence and witnesses were unavailable, and upon proper application under the relevant constitutional and statutory provisions, the court granted permission to…

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• Termination Of Proceedings
• Powers Of Odpp
• Nolle Prosequi
• High Court Jurisdiction

State v Brian Otieno Oginga

State v Brian Otieno Oginga [2021] KEHC 9530 (KLR)

Court

High Court

Case number

Criminal Case 1 of 2020

Judge

RE Aburili

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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• Nolle Prosequi
• Termination Of Proceedings
• Murder Charge
• Discharge Of Accused

Patel Rameshbhai Gordhanbhai v Stanley Ajonga Kivasa & Violet Kavai Imbuga; Attorney General (Interested Party)

Patel Rameshbhai Gordhanbhai v Stanley Ajonga Kivasa & Violet Kavai Imbuga; Attorney General (Interested Party) [2020] KEHC 6600 (KLR)

Court

High Court

Case number

Civil Appeal 141 of 2014

Judge

DN Musyoka

High Court appeal in a malicious prosecution claim. The court held that the respondents failed to prove malice, set aside the damages award, and allowed the appeal.

• Malicious Prosecution
• Damages Assessment
• Procedural Irregularities
• Affidavit Requirements
• Termination Of Proceedings
• Malicious-prosecution

Republic v Joseph Otieno Okembo

Republic v Joseph Otieno Okembo [2020] KEHC 5760 (KLR)

Court

High Court

Case number

Criminal Case 16 of 2019

Judge

RE Aburili

The High Court at Siaya allowed a nolle prosequi application, ending the murder prosecution against Joseph Otieno Okembo and discharging him from the charge.

• Nolle Prosequi
• Termination Of Proceedings
• Discharge Of Accused
• Nolle-prosequi
• Criminal-procedure
• Murder-prosecution

Alfred Ongiri Nyandieka v Republic

Alfred Ongiri Nyandieka v Republic [2019] KEHC 12097 (KLR)

Court

High Court

Case number

Criminal Revision 97 of 2019

The High Court allowed revision, set aside a magistrate’s order under section 89(5) CPC, and terminated Criminal Case No. 875 of 2017 in line with an earlier constitutional petition.

• Revisionary Jurisdiction
• Termination Of Proceedings
• Abuse Of Process
• Constitutional Rights
• Prohibition Orders
• Criminal-revision

Republic v Alex Mathenge Muthui & Edward Kabui Mwaniki

Republic v Alex Mathenge Muthui & Edward Kabui Mwaniki [2019] KEHC 11536 (KLR)

Court

High Court

Case number

Criminal Revision 107 of 2019

Judge

LK Kimaru

The court held that the applicant had wrongly invoked the revisionary jurisdiction of the High Court under Sections 362 and 364 of the Criminal Procedure Code. The proper remedy for challenging the trial court's termination of criminal proceedings under Section 210 was to file an appeal, not a revision. The court relied on its earlier decision in Nairobi High Court Criminal Revision No.106 of 2019, which addressed identical issues and clarified that revision is not available where an appeal lies. Consequently, the application for revision was dismissed for lack of merit.

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• Criminal Revision Jurisdiction
• Termination Of Proceedings
• Appeal Vs Revision
• Failure To Avail Witnesses

Republic v Erick Mwangi Muriuki

Republic v Erick Mwangi Muriuki [2019] KEHC 9541 (KLR)

Court

High Court

Case number

Criminal Case 58 of 2016

Judge

FM Mutuku

The High Court allowed the DPP’s nolle prosequi application in a murder case after witness attendance problems, and discharged the accused.

• Murder Charge
• Nolle Prosequi
• Termination Of Proceedings
• Prosecutorial Discretion
• Criminal-law
• Murder