Republic----------------------------------------------------------prosectuion v Maureen Mutanu Kioko--------------------------------------1st Accused

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL CASE NO. E047 OF 2024 REPUBLIC----------------------------------------------------------PROSECTUION VERSUS MAUREEN MUTANU KIOKO--------------------------------------1ST ACCUSED MICHAEL OTIENO Alias MISE-----------------------------------2ND ACCUSED RULING The Director of Public Productions has by way of a Nolle Prosequi dated 22 nd June 2025sd sought leave of the court under Article 157 to have the murder charges against the two accused persons terminated. The DPP has through Mr. Solomon Naulikha SADPP told the court that the prosecution upon review of the evidence available has come to the conclusion that there cannot be mounted of successful prosecution thus the need for leave to terminate the proceedings. The advocates for the Accused persons as well as the victims have not raised any objection to the move by the DPP. The DPP under Section 8 2(1) of the Criminal Procedure Code as read with Article 157 (8) if the Constitution may upon giving reasons for his decision be granted leave by the court to terminate proceedings. The law anticipate that the DPP in taking the decision has taken into account the public interest and run the evidential test on the prosecution docket. The court has no reason to doubt the reasons advanced by the DPP and is this inclined to grant the leave sought. The reasons given appear reasonable, lawful and proper in law. A prosecution must never be undertaken for the sake of it. NAIROBI HC CR CASE E 047 OF 2024– Republic –vs- Maureen Mutanu Kioko & Ano. 1

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