Maureen Achieng Ogwel v Republic [2018] KEHC 2162 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

SIAYA HC. CRIMINAL CASE NO. 9 OF 2017

(CORAM: R. E. ABURILI - J.)

MAUREEN ACHIENG OGWEL...........................ACCUSED

VERSUS

REPUBLIC........................................................RESPONDENT

RULING

1. The Prosecution applies for withdrawal of the Murder charge against the accused Maureen Achieng Ogwel as he intends to charge her with Manslaughter.

2. The Application is pursuant to Section 87(a) of the CPC as the Prosecution have not closed their case.  As the accused person is not opposed to the application, I hereby order that the charge of Murder against the accused person is hereby withdrawn.  The accused person is discharged.

3. However, she shall appear before the PM’s Court at Siaya to take a Plea of Manslaughter on 8/11/2018. Her bond terms shall be extended until the Manslaughter case is heard and determined.

4. This file is closed.

Orders accordingly.

Dated, Signed and Delivered at SIAYA this 7th Day of November 2018.

R.E. ABURILI

JUDGE