Republic v Okumu [2023] KEHC 23380 (KLR) | Withdrawal Of Charge | Esheria

Republic v Okumu [2023] KEHC 23380 (KLR)

Full Case Text

Republic v Okumu (Criminal Case E003 of 2020) [2023] KEHC 23380 (KLR) (11 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23380 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Case E003 of 2020

RE Aburili, J

October 11, 2023

Between

Republic

Prosecutor

and

Stephen Omondi Okumu

Accused

Ruling

1. On application by the prosecution who have not bonded witnesses to attend court, I hereby grant leave to withdraw the charge of murder against the accused person under section 87(a) of the Criminal Procedure Code.

2. The accused is hereby discharged.

3. Therefore, unless otherwise lawfully held, the accused person Stephen Omondi Okumu is hereby set at liberty forthwith.

4. The accused is however informed that the prosecution may prefer fresh charges of murder against him.

5. I so order.

6. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE