A criminal case may be terminated by act of the parties, by reconciliation under section 176 of the Criminal Procedure Code (CPC); withdrawal or discontinuance of the charge by the complainant (s. 204 of the CPC) or the prosecutor (Art.
Can a criminal case be withdrawn?
Sections 321 of the Criminal Procedure Code (Cr. P.C.) allows the Public Prosecutor or Assistant Public Prosecutor in charge of a case, with the consent of the court, withdraw from the prosecution of any person, at any time before the judgment is pronounced.
Who prosecutes a criminal case in Kenya?
The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in Kenya. The Constitution mandates it to prosecute all criminal cases in the country. The Director of Public Prosecutions (DPP) is the head of the ODPP and operates independently according to Article 157 of the Constitution.
What happens if complainant does not appear in court in Kenya?
In that case where the complainant fails to appear or to attend at that hearing then the court will be at liberty to either acquit the accused person or adjourn the hearing to another date. … The practice is that the court would adjourn the matter and issue a warrant for the arrest of the accused person.
Can a complainant withdraw a case?
complainant at any time before a final order is passed satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, then the magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.
Who is the complainant in a criminal case?
A complainant is someone who makes a report of criminal wrongdoing. A complainant can be the victim or witness of an alleged crime.
How do I withdraw a 376 case?
Generally a case filed under section 376 cannot be withdrawn unless and until the high court permits you to do so. b) The petition for withdrawal is on account of severe stress caused to you. c) that there is no compromise between the victim and the accused. In general rape is an offence against the society .
How do I file a criminal case in Kenya?
File a case
For criminal cases, First, please report to the nearest police station. Your complaint will be recorded in the occurrence book and you will be given a reference number for investigation purposes. The police may record statements from you and from your witnesses and draft a charge.
What is the difference between a charge and information?
Information is not the same thing as a Charge. The filing of an Information is a proceeding preliminary to a Trial. Unlike in a Charge, the accused person (defendant) is not directly indicted in an Information. … In other words, an Information is a mode of instituting criminal proceedings.
How do I file a case online in Kenya?
Upload the document into the e-filing system. Pay the correct amount assessed using the MPESA Paybill Number 553388 and the Unique Account Number indicated on the Invoice (Starting with letter “E”) Once you receive a confirmation message from KCB, the system will auto-generate a case number.
What happens if complainant does not appear in court?
Also, in case the Complainant does not appear in court despite repeated summons, the matter can be dismissed by the Court in default due to the Complainant’s non-appearance. … Thereafter you can can file a complaint in the court for the offence of defamation. Lodging of a false FIR/complaint is punishable under IPC.
What crimes do not allow bail?
Severe crimes, including manslaughter, murder, rape, etc., are treated differently than minor crimes and other less serious charges. Because they could be charged with the death penalty, suspects in these cases are not offered bail and must be kept in custody until a jury trial determines their guilt or innocence.
How do I withdraw a case from a police station?
Anytime before charge sheet is filed he can withdraw complaint by writing a letter to the Station head of the police station where FIR is lodged. If the police refuse to withdraw complaint, you can ask accused to move to get complaint quashed and give evidence to judge and they will withdraw your complaint.
What happens if a complaint is withdrawn?
Withdrawing is a matter of right. The Court will record your statement, which is then signed by you. The complaint is officially closed then. If it is a police complaint, then the complainant can give a statement to the police that he/she does not wish to pursue the said complaint.
How do you withdraw a case?
If you’re in federal court, you can withdraw your lawsuit without a court order if you send a notice of dismissal to the other parties before anyone files an answer. After that point, you can still withdraw your lawsuit without a court order by filing a stipulation of dismissal signed by all parties to the case.
Can I withdraw my statement to the police?
The police might try and talk you out of it. … If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel.