Republic VS WILFRED ONSOMBI NTABO AND JOSPHAT BOSIRE OYARO

'The Prosecution moved this court seeking review of the orders of on B.Omwansa dated 9.10.24, The matter came up for hearing before the lower court on for hearing on the said date and the learned prosecutor made an application to withdraw the case under Section 87 A CPC as he did not have4 the police file . Learned Trial Magistrate allowed the application and proceeded to acquit the accused under Section 210 CPC. The application which was made was under Section 87 A CPC , the implication of acquittal under Section 87 A CPC is a discharge of an accused person. The Learned Trial Magistrate erred in acquitting the accused under Section 210 CPC as the application under made under Section 87 A CPC was allowed and thus the accused ought to have been discharged under that section. I proceed exercise he powers of this court under Section 362 of the Criminal procedure Code and i substitute the acquittal under Section 210 CPC with a discharge of accused under Section 87 A CPC. '