Section 186
Public Prosecutor may decline to further prosecute at any stage
(1)
At any stage of any trial before the delivery of judgment, the officer or other person conducting the prosecution may, if he thinks fit, inform the Court that he does not propose further to prosecute the accused upon the charge, and thereupon all proceedings on such charge against the accused may be stayed by leave of the Court and if so stayed, the accused shall be discharged.
(2)
Such discharge shall not amount to an acquittal unless the
Court so directs, except in cases covered under section 172.
(3)
The Court may require a person discharged under this section to execute a bond, with or without sureties, and during such period as the
Criminal Procedure Code
CAP.7 121
Court may direct, for his reappearance before the Court on the same charge and in the meantime to keep the peace and be of good behaviour.
Power to award compensation 187.
(1)
If in any case the Court acquits the accused and is of opinion that the complaint, information or charge was frivolous or vexatious it may, in its discretion, either on the application of the accused or of its own motion, order the complainant or the person on whose information the complainant or charge was made, to pay to the accused or to each or any of the accused where there are more than one such compensation, not exceeding $500, as the Court thinks fit:
Provided that the Court -
(a)
shall record and consider any objections which the complainant or informant may urge against the making of the order; and
(b)
shall record its reasons for making such order.
(2)
The sum so awarded shall be recoverable as if it were a fine;
provided that if it cannot be realised the imprisonment awarded in lieu thereof shall not exceed 30 days.
(3)
At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this subsection upon proof of the same.