REPUBLIC v PAUL KIPKEMOI KORIR [2009] KEHC 753 (KLR)
- Court
- High Court of Kenya
- Case number
- 753
- Citation
- [2009] KEHC 753 (KLR)
- Decided
- 8 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction for murderCoramM.A. ANG’AWA
Holding
The charge is an illegality and cannot be withdrawn. The charge sheet is struck out.
Facts
The accused was arrested without a warrant and brought to court with a charge sheet described as a holding charge. The state counsel requested to withdraw the charge of murder and substitute it with manslaughter.
Issues
- Whether the state counsel has powers to withdraw the holding charge or any charge before the High Court
Reasoning
The charge sheet was filed without the state counsel first perusing the file and framing his information. The state counsel is not a gazetted officer and thus has no powers to withdraw any information.
Outcome
The charge sheet is struck out and the accused is set at liberty.
Orders
- Charge sheet struck out
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Section 26 of the Constitution
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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