OTIENO CLIFFORD RICHARD v REPUBLIC [2006] KEHC 822 (KLR)

Facts

The Plaintiff, Otieno Clifford Richard, initiated a private prosecution against H.E. Mrs. Lucy Muthoni Kibaki in Chief Magistrate's Misc. Criminal Application No. 5 of 2005. The Attorney General entered a nolle prosequi in the case on 16th May 2005.

Issues

1. How should a Plaintiff seeking permission to conduct private prosecution approach the court
2. Whether there were proceedings in which nolle prosequi could be entered
3. Whether the Plaintiff's rights to a fair hearing and access to justice were violated
4. Whether there is a constitutional right to institute and conduct private prosecution
5. Whether the entry of the nolle prosequi breached the principle of separation of powers
6. Whether the Attorney General abused his powers
7. Whether the availability of an alternative remedy is a bar to a party alleging contravention of his constitutional rights

Reasoning

The court ruled that the nolle prosequi was entered prematurely as the accused was not before the court and the charge had not been accepted by the trial magistrate.

Outcome

Affirmed the Chief Magistrate's decision to enter the nolle prosequi.

Authorities cited