Kithi v Director of Public Prosecution & 2 others (Civil Appeal E007 & E015 of 2020 & Constitutional Petition 2 of 2019 (Consolidated)) [2024] KECA 1760 (KLR) (6 December 2024) (Judgment)

Facts

The appellant, George Kithi, entered into a commercial investment funding agreement with the 3rd respondent, Yehuda Sulami, for USD 300,000, secured by land belonging to the 2nd respondent, Fred Tsofa Mweni. The 3rd respondent registered a caveat on the title and executed transfer documents in his favour.

Issues

1. Whether the trial court erred in treating the application as if it was dealing with the main petition.
2. Whether the trial court erred in failing to appreciate the appellant's serious constitutional issues.
3. Whether the trial court erred in failing to determine the issue as to whether it was right and proper for the 1st respondent's office to commence prosecution against the appellant.
4. Whether the trial court erred in failing to determine in what capacity the National Police Service was operating when its officers arrested the appellant and sought to coerce him into paying Kshs 10,000,000.
5. Whether the trial court did not carefully analyze the evidence, law, and justice as required in fairly solving the dispute.

Reasoning

The court considers the appellant's submissions and the 3rd respondent's submissions, and finds that the 3rd respondent's arguments are more compelling.

Outcome

Appeal dismissed.

Authorities cited