Republic v Simatwa alias Davy (Criminal Case E049 of 2024) [2024] KEMC 157 (KLR) (14 May 2024) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 157
- Citation
- [2024] KEMC 157 (KLR)
- Decided
- 14 May 2024
The court declines to grant the order of withdrawal/termination sought at this stage due to the accused's father being sick and the lack of merit in the application.
Facts
The accused, Henry David Simatwa Alias Davy, is facing charges of Robbery with Violence and Handling Stolen Goods. The complainant, Frankline Mboya, has forgiven the accused and informed the court that the accused's father is currently sick.
Issues
- Whether the matter can be withdrawn under Section 204 or 176 of the CPC.
- Whether the matter falls within the ambit of Section 204 or 176 of the CPC.
- Whether alternative dispute resolution should be applied in this matter.
Reasoning
The court considers the principles of alternative dispute resolution and the need to promote public interest, justice, and fairness. The court finds that the matter is a capital offense and that alternative dispute resolution would not be in the public interest or fair.
Outcome
The application for withdrawal/termination of the criminal case is denied.
Authorities cited
Cases cited (7)
- Kelly Kases Bunjika v Director Of Public Prosecutions (dpp) & Another [2018] eKLR
- Medardo v. R (2004) 2 KLR 433
- Shen Zhangua v R, High Court at Nairobi Miscellaneous Criminal Application 396 of 2006
- R v Malek Abdulla Mohamed, High Court at Kisumu No.113 of 1978
- R v. Abdow Mohamed (R. Korir, J.)
- R v. Juliana Mwikali Kiteme (Dulu, J)
- Republic v. Faith Wangoi, Kajiado HC Criminal Misc. Application No. 1 of 2015
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