Stephen Oduor Oloo v Republic [2018] KEHC 2116 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

SIAYA HC. CRIMINAL CASE NO. 1 OF 2018

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

STEPHEN ODUOR OLOO.............ACCUSED

VERSUS

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

RULING

1. The Prosecution applies for withdraw charge of Murder against the accused person and to charge him with Manslaughter.

2. The Application is made under Section 87(a) of the Criminal Procedure Code. The accused is not opposed to the application.

3. Accordingly, the charge against the accused person Stephen Oduor Oloo is hereby withdrawn under Section 87(a) of the Criminal Procedure Code. The accused is discharged.

4. However, as the Prosecution intends to charge him afresh with a lesser charge of Manslaughter, the accused shall remain in custody and be produced before the PM’s court at Siaya on 7/11/2018 to take a Plea. This file is closed.

Orders accordingly.

Dated, Signed and Delivered at SIAYA this 6th Day of November 2018.

R.E. ABURILI

JUDGE