Republic v Faith Wangoi [2015] KEHC 643 (KLR)
- Court
- High Court of Kenya
- Case number
- 643
- Citation
- [2015] KEHC 643 (KLR)
- Decided
- 16 November 2015
The High Court dismisses the application and remits the file back to the Senior Principal Magistrate to proceed with the matter.
Facts
Bridge International Academies applied for registration of Illasit Academy but the application was declined. A charge was prepared against the applicant for operating an unregistered private school. The complainant wrote a letter to withdraw the complaint, but the trial court refused to allow the withdrawal.
Issues
- Whether the trial court erred in refusing to allow the withdrawal of charges
- Whether the High Court has jurisdiction to review the trial court's order
Reasoning
The court finds that the complainant did not withdraw the charges through the prosecution, as required by Section 204 of the Criminal Procedure Code. The court also notes that the trial court was alive to the principles of alternative dispute resolution as enshrined in Article 159(2)(c) of the Constitution.
Outcome
Application dismissed
Orders
- Remit the file back to Senior Principal Magistrate
Authorities cited
Legislation (3)
- Criminal Procedure Code
- Basic Education Act 2013
- Constitution of Kenya 2010
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