Automated Summary
Key Facts
The Office of the Director of Public Prosecutions filed a nolle prosequi on 26.1.2021, citing that witnesses in the murder case against Brian Otieno Oginga have relocated and cannot be traced. The accused and his counsel agreed to terminate the proceedings, leading to his discharge and release. The court confirmed the file is closed and issued orders accordingly.
Issues
The court considered the Office of the Director of Public Prosecutions' application to terminate the murder case against Brian Otieno Oginga under Article 157 (4) (b) of the Constitution, citing the relocation and unavailability of witnesses. The accused and his counsel had no objection, leading to the case's closure.
Holdings
- The court ordered the file to be closed, concluding the case without further action. This decision was made on 26th January 2021 in Siaya by Judge R.E. Aburili.
- Brian Otieno Oginga was discharged and set at liberty, as the court found no grounds for continued detention following the termination of the murder charges. The accused is free unless lawfully held otherwise.
- The proceedings in the murder case against Brian Otieno Oginga were terminated due to the relocation and untraceability of witnesses, as requested by the Office of the Director of Public Prosecutions via a nolle prosequi application dated 26.1.2021. The accused and his counsel consented to this termination.
Remedies
- Accordingly, the accused person Brian Otieno Oginga is hereby discharged and unless otherwise lawfully held, Brian Otieno Oginga is hereby set at liberty.
- That the file is closed.
- On application by the Office of Director of Public Prosecutions vide nolle prosequi dated 26.1.2021 signed by E.M. Kakoi, Principal Prosecution Counsel Pursuant to Article 157 (4) (b) of the Constitution, and for the reasons given that witnesses have relocated and cannot be traced and as the accused person Brian Otieno Oginga and his Counsel have no objection to such termination of the charges of Murder against him, I hereby Order that the proceedings in this Murder case against the accused person Brian Otieno Oginga shall not continue.
Legal Principles
The court applied Article 157 (4) (b) of the Constitution to terminate proceedings upon the Director of Public Prosecutions' application and the accused's consent due to unavailability of witnesses.
Cited Statute
Constitution of Kenya
Judge Name
R.E. ABURILI
Passage Text
- 2. Accordingly, the accused person Brian Otieno Oginga is hereby discharged and unless otherwise lawfully held, Brian Otieno Oginga is hereby set at liberty.
- 1. On application by the Office of Director of Public Prosecutions vide nolle prosequi dated 26.1.2021 signed by E.M. Kakoi, Principal Prosecution Counsel Pursuant to Article 157 (4) (b) of the Constitution, and for the reasons given that witnesses have relocated and cannot be traced and as the accused person Brian Otieno Oginga and his Counsel have no objection to such termination of the charges of Murder against him, I hereby Order that the proceedings in this Murder case against the accused person Brian Otieno Oginga shall not continue.