Republic v Otobe alias Omundu & 4 others (Criminal Case 10 of 2020) [2024] KEHC 13567 (KLR) (6 November 2024) (Ruling) Neutral citation: [2024] KEHC 13567 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL CASE 10 OF 2020 RE ABURILI, J NOVEMBER 6, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND GEORGE OLWANDA OTOBE ALIAS OMUNDU ............................. 1ST ACCUSED LAWRENCE OMONDI OWINO ALIAS OBUNGA .......................... 2ND ACCUSED JERIM OTIENO OJODE ALIAS JEDE ................................................ 3RD ACCUSED STEPHEN ONYANGO ODHIAMBO ALIAS STEVE ........................ 4TH ACCUSED WYCLIFFE ODUOR OUMA ALIAS WICKIE ................................... 5TH ACCUSED RULING 1. On application Under Article 157 of the Constitution by the prosecution to discontinue the charges of murder against all the accused persons herein on account of non availability of witnesses to testify, and on no objection from the accused persons through their advocate Mr. Mbeka, I hereby order that the charges of murder contrary to Section 203 as read with Section 204 of the Penal Code against the five (5) accused persons namely; George Olwanda Otobe alias Omundu, Lawrence Omondi Owino alias Obunga, Jerim Otieno Ojoge alias Jede, Stephen Onyango Odhiambo alias Steve and Wyclifie Oduor Ouma alias Wickie as per the consolidated information dated 7th September 2020 shall not continue and all the accused persons are hereby discharged of the information of the murder of Johness Alele Omondi and Alex Njer Osewe as per counts I and II of the information dated 7th September 2020 and filed in court on 22nd September 2020. 2. Consequently, all the 5 accused persons are hereby discharged and unless otherwise lawfully held, they are set at liberty forthwith. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13567/eng@2024-11-06 1
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3. The defence counsel Mr. Mbeka is hereby discharged from these pauper brief proceedings, from representing the accused persons. He shall be paid his legal fees upon presentation of the fee note plus the accompanying documents. 4. The sureties for the 4 accused persons who are on bond are discharged and the securities deposited into court to be returned to them forthwith. 5. This file is closed. 6. I so order. DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF NOVEMBER, 2024. R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13567/eng@2024-11-06 2
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