Nolle prosequi is a Latin term meaning "do not prosecute" that allows the Director of Public Prosecution to formally determine that a case or part thereof will not proceed. This power can be exercised at any point before a verdict is given and is provided for under Kenyan law. The DPP may enter a nolle prosequi for various reasons such as proven innocence, insufficient evidence, or plea negotiations, and it can apply to some counts, some accused, or the whole case. While it discharges the accused, subsequent prosecution may still occur under some circumstances. The Kenyan constitution now requires the DPP to seek court permission before entering a nolle prosequi.

2.  Nolle prosequi is a latin term amounting
to “do not prosecute”

3.  This is a formal entry by the Director of
Public Prosecution stating or declaring
that he has determined that a case or
part thereof shall not proceed.
 This entry may be made at any point of
the proceedings before the verdict is
given.

4.  This power of Nolle Prosequi is provided
under Article 157 (6)(c)
 Also under the Criminal Procedure Code
the D.P.P is allowed the power to
discontinue proceedings under sec. 82
and 87

5.  Nolle prosequi may be entered :
 As to some of the counts
 As to some of the accused
 Altogether

6.  The D.P.P may enter nolle prosequi for
various reasons including;
 Where defendants innocence has been
proved
 Where there is insufficiency or inadmissibility of
evidence
 In instances of plea negotiations
 For the purpose of filtering out trivial cases

7.  Article 157(6)(c) provides that the DPP
may discontinue proceedings at any
time before judgement is delivered.

8.  under sec.82(1) CPC …Entry of nolle
prosequi only serves to discharge an
accused and does not bar from
subsequent proceedings with fresh
information on the same charge.
 Where the nolle prosequi is entered
under sec. 87 (b)CPC , its effect is
acquittal of the accused.

9.  The new constitution limits the power of
the DPP to enter nolle prosequi by
requiring him to seek permission from the
court as per Article 157(8)
 This was the practice of the court
however, even before the 2010
constitution as was the case in Crispus
Karanja Njogu v A.G where court stated
its entitlement to know reason behind
entry

10.  Where the discontinuance is deemed by
the court, oppressive, unreasonable and
capricious, it is declared null and void.
R V Adan Keynan Wehilye
Court quashed an entry of nolle prosequi
for having prejudicial effect to the trial
rights of the accused

11.  The constitution under Article 157(9)
provides for exercise of the powers of the
DPP by subordinate officers in
accordance with instruction.

12.  Republic (state counsel) v. Enock Wekesa
and Michael Watah
Respondents were charged with robbery with
violence, defilement and indecent act. The
principal state counsel entered nolle
prosequi but trial judge dismissed it for lack
of reason behind entry.
 George Gitau Wainaina v. AG