Kenya: Law Reports - Voluntary Withdrawal of a Complaint in a Criminal Case

20 November 2006
analysis

Nairobi — "Under section 176 of the Criminal Procedure Code, the court is enjoined to promote reconciliation to parties in a misdemeanour, even on its own motion. Assault, contrary to section 251 of the Penal Code, is a misdemeanour and is one of the best cases where section 176 of the Criminal Procedure Code could be invoked by the court on its own volition in a bid to reconcile parties and end the matters in court." Shen Zhanghua versus Republic [2006] eKLR www.kenyalaw.org , High Court of Kenya at Nairobi, Lady Justice Lesiit, October 18, 2006.

Shen Zhanghua had been charged with occasioning bodily harm, contrary to section 251 of the Penal Code.

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