The Republic VS RASHID MUSA WEKESA AND DENNIS MUSIKHA SITUMA

1.    I have heard both counsels. The prosecutor seeks to discontinue the trial while the defence counsel seeks to have the accused persons acquitted.
2.    To me, an order for acquittal can only lie where the prosecution has closed its case or where the prosecutor seeks to discontinue the trial when already the accused has been called to give its defence. Under article 157 the DPP has the discretion to discontinue a trial if so permitted by the court for a good reason.
3.    In criminal trial, it is the duty of the investigating officer to avail witnesses but not the prosecution. In this case the prosecution has been frustrated by the failure on the part of the investigating officer to avail the witnesses.
4.    I have no reason to decline my permission for the interest of justice given the nature of the charge I do allow the application.
5.    The accused persons are discharged.
6.    The file is closed.
7.    The sureties are discharged. The securities be released to the respective sureties/depositors.


In the presence of :
Accused – present
Ms. Adeka holding brief for Wilunda for the accused.
Court Prosecutor – Mbonzo
Court Assistant – Elizabeth Angong’a