REPUBLIC V ROBERT KIPKOSGEI KOIMA & ANOTHER [2012] KEHC 1183 (KLR)
- Court
- High Court of Kenya
- Case number
- 1183
- Citation
- [2012] KEHC 1183 (KLR)
- Decided
- 29 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a final orderCoramM. J. ANYARA EMUKULE
Holding
The court granted permission to discontinue the prosecution of the accused and acquitted him of the charge of murder.
Facts
Collins Kirwa Koima and Robert Kipkosgei Koima were charged with the murder of Kipkemoi Koima. Miss Idagwa learned State Counsel applied to discontinue the charges against Collins Kirwa Koima.
Issues
- Whether the evidence against the accused was sufficient to proceed with the charges.
- Whether the discontinuance of charges against the accused was permissible under Article 157(6)(c) and (8) of the Constitution of Kenya, 2010.
Reasoning
There was no evidence connecting the accused with the murder, and the discontinuance was permissible after the close of the prosecution's case.
Outcome
Acquittal
Orders
- Permission granted to discontinue the prosecution of the accused.
- Accused acquitted of the charge of murder.
Remedies
- Accused released forthwith unless otherwise lawfully held.
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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