Republic v Owiti & another [2023] KEHC 25536 (KLR)

Republic v Owiti & another (Criminal Case 25 of 2020) [2023] KEHC 25536 (KLR) (14 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25536 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Case 25 of 2020

RE Aburili, J

November 14, 2023

Between

Republic

Prosecutor

and

George Otieno Owiti

1st Accused

Samson Adinda Gombe

2nd Accused

Ruling

1. On account that key witness to this case cannot be traced as deposed by the Investigating Officer and submitted on by the Prosecution Counsel, and as the defence counsel has no objection to the application for withdrawal of the charge of murder facing the two (2) accused persons herein under Section 87(a) of the Criminal Procedure Code, and as no prejudice will be occasioned to the accused person or victims of the offence, I hereby allow the application by the prosecution and grant the order of withdrawal of the Information for murder against the two accused persons herein George Otieno Owiti and Samson Adinda Gombe under Section 87(a) of the Criminal Procedure Code.

2. Accordingly, the two accused persons are hereby discharged but should prosecution wish to revive the case, they shall do so in accordance with the law.

3. I hereby discharge the sureties for the accused persons and order that any security deposited in court be returned to the respective sureties on proper identification and acknowledgment thereof.

4. This file is accordingly closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE