Case ID:159771

Republic v EOO & another [2020] eKLR

Case Metadata

Case Number:

Criminal Revision 58 of 2020

Parties:

Republic v EOO & MOO

Date Delivered:

11 Jun 2020

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Republic v EOO & another [2020] eKLR

Case History:

Being a Request for Revision of a ruling for on withdrawal of charges of assault in Criminal Case 208 of 2020 of PM’s Court at Siaya dated 10.6.2020 before Hon. M. Mwangi, RM

Court Division:

Criminal

County:

Siaya

History Docket No:

Criminal Case 208 of 2020

History Magistrate:

Hon. M. Mwangi, RM

History County:

Siaya

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. 58 OF 2020

REPUBLIC............APPLICANT

VERSUS

EOO............1

ST

RESPONDENT

MOO.........2

ND

RESPONDENT

(Being a Request for Revision of a ruling for on withdrawal of charges of assault in Criminal Case 208 of 2020 of PM’s Court at Siaya dated 10.6.2020 before Hon. M. Mwangi, RM)

RULING

1. I have considered the request by the trial court and perused the trial court record in Siaya

PM Cr. Case No. 208 of 2020 Republic Vs EOO and MOO.

2. I note that the complainant is a minor aged 16 years old. A child under the age of 16 years lacks the legal capacity to give consent to any act. In the same vein, the complainant herein who is under the age of 18 years could only give consent to withdrawal of the criminal charges against the accused persons through his next friend, not otherwise. The Investigating officer was not a next friend of the minor.

3. For the above reason, I find the withdrawal of the charges of assault against the accused person irregular. I set aside the order of withdrawal of the charge against the two accused persons and substitute it with an Order reinstating the charge against the two accused persons EOO and MOO.

4. The two accused persons shall be required to appear before the PM’s court at Siaya for a fresh plea to be taken and proceedings conducted in accordance with the Law established.

5. Orders accordingly.

Dated, signed and delivered at Siaya, this 11

th

Day of June 2020.

R.E. ABURILI

JUDGE