PRIME How Matonya's ailing mother's plea ended his rape trial in Kenyan court The affidavit shows that the mother's plea prompted the woman to reconsider pursuing the case. News 6 min ago
Photo credit: Brian Ocharo | Nation Media Group The complainant laid bare her reasons in a sworn affidavit, telling the court that the case had become an emotional burden she no longer wished to carry.
Even where both the prosecution and the complainant seek to terminate a rape case, Omari says the court still retains the discretion to reject the application In practice, however, he says that proceeding with the trial becomes difficult if the complainant is unwilling to testify.
The withdrawal of the case against Matonya mirrors another high profile criminal case involving Embakasi East MP Babu Owino and DJ Evolve, where reconciliation between the complainant and the accused also became a significant feature of the proceedings.
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