William Oduor Odhiambo v Republic [2018] KEHC 1893 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

SIAYA HC. CRIMINAL CASE NO. 14 OF 2018

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

WILLIAM ODUOR ODHIAMBO.....................................ACCUSED

VERSUS

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

RULING

1. The Prosecution applies to withdraw the charge of Murder under Section 87(a) of the Criminal Procedure Code and to file fresh charges of Manslaughter against the accused person.

2. The Defence is not opposed to the application.

3. Accordingly, I hereby Order that the charge of Murder herein is hereby withdrawn.  The accused is discharged. However, as the State wishes to bring fresh charges of Manslaughter the subject shall remain in custody and be produced before the PM’s Court at Siaya on 7/11/2018 for Plea taking.  File Closed.

Orders accordingly.

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

R.E. ABURILI

JUDGE