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{
    "id": 295819,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/295819/?format=api",
    "text_counter": 623,
    "type": "speech",
    "speaker_name": "Prof. Muigai",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 408,
        "legal_name": "Githu Muigai",
        "slug": "githu-muigai"
    },
    "content": " Madam Temporary Deputy Chairlady, I will have to oppose the proposal. The reason why Section 87 is used by the prosecutor is because there may be many defects in the case as pleaded before the court at the time. The charge sheet may be defective. There may be for the time being, unavailability of a witness. There may also be other technical reasons for that. I do not think it is necessary for us to bind the hands of the prosecutor. He may wish to withdraw the charge to change the name of the suspect or the accused. He may also wish to withdraw it to change the amount, the time, the place of the offence or for a million other technical reasons. There is no reason to stop him from charging the following day and so on. The worries that the hon. Member may have, have already been addressed by the High Court. The High Court has said repeatedly when the prosecutor applies to withdraw the court will record the reasons and may refuse if it believes it is an abuse of the court process. I think we should leave the powers of the prosecutor as they are."
}