Dande & 4 others v Inspector General, National Police Service & 2 others (Civil Appeal 246 of 2016) [2022] KECA 170 (KLR) (18 February 2022) (Judgment)

Facts

The appellants were partners in Cytonn Investment Management Limited and were previously employed by British American Asset Managers. They were arrested and their cellphones impounded by the National Police Service and the Director of Criminal Investigations after complaints were filed by the 3rd respondent regarding investments made without authority. The appellants were later released on cash bail and required to present themselves to the Chief Magistrate's Court.

Issues

1. Whether the High Court erred in refusing to grant the orders sought by the appellants to prohibit the 1st and 2nd respondents from taking any action in the nature of criminal proceedings until the DPP makes a determination on the matter.
2. Whether the arrest and investigations of the appellants were in abuse of power, vexatious, oppressive or motivated by ill motive.

Reasoning

The court held that the High Court did not err in refusing to grant the orders sought by the appellants, as the DPP's decision on review was still unknown and the court did not have sufficient grounds to find that the appellants would be arraigned in court.

Outcome

Appeal dismissed

Authorities cited