Oloo v Republic (Miscellaneous Criminal Application E049 of 2026) [2026] KEHC 7183 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7183 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E049 OF 2026 DR KAVEDZA, J MAY 25, 2026 BETWEEN KASERA CALVIN OLOO ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged with the ofience of obtaining money by false pretences contrary to section 313 of the Penal Code. 2. The applicant has filed the present application seeking recall of Criminal Case No. 1964 of 2016 from the trial court to facilitate withdrawal of the matter by the complainant and the Director of Public Prosecutions before delivery of judgment. 3. I have considered the application, the grounds in support thereof, and the applicable law. The prayer seeking withdrawal of the matter is declined for want of prosecution and for lacking any legal basis at this stage of the proceedings. 4. Accordingly, the application is devoid of merit and is hereby dismissed. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 25TH DAY OF MAY 2026 _____________ D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7183/eng@2026-05-25 1
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