N THE MATTER OF AN APPLICATION BY GREGORY KARUNGO NG’ETHE FOR JUDICIIAL REIVEW ORDERS OF CERTIORARI, PROHIBITION & IN THE MATTER OF CRIMINAL CASE NO. 1043 OF 2006 MALINDI [2008] KEHC 40 (KLR)
- Court
- High Court of Kenya
- Case number
- 40
- Citation
- [2008] KEHC 40 (KLR)
- Decided
- 21 May 2008
AI Summary
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TypeJudicial ReviewPostureApplication for Certiorari, Prohibition, and MandamusCoramG.A. DULU
Holding
The application is allowed, and the ex-parte applicant is acquitted of the charges. The court orders the refund of the cash bail and prohibits the court from dealing with the case.
Facts
The applicant Gregory Karungo Ng’ethe, an advocate, was arrested and charged in Malindi for investigating theft of assets by a former girlfriend, Mercy Wanjiru Gachengo. The police denied him permission to leave Malindi and charged him in court.
Issues
- Quashing the decision of the District Criminal Investigation Officer to prosecute the applicant.
- Quashing the charge sheet in criminal case No. 1043 of 2006.
- Compelling the Senior Resident Magistrate’s Court to refund the cash bail paid by the applicant.
- Prohibiting the Senior Resident Magistrate’s Court from dealing with case No. 1043 or any variation thereof
Reasoning
The court found that the arrest and charging of the applicant were due to malice by Mercy Wanjiru Gachengo and the failure of the police to take their work seriously. The court concluded that the applicant was acting in the course of his professional work as an advocate.
Outcome
The application is granted.
Orders
- An order of certiorari quashing the decision of the District Criminal Investigation Officer Malindi to prosecute the applicant.
- An order of certiorari quashing the charge sheet in criminal case No. 1043 of 2006.
- An order of mandamus directed at the Senior Resident Magistrate’s Court Malindi compelling it to refund to the applicant the cash bail paid of Kshs.60,000/-.
- An order of prohibition directed at the Senior Resident Magistrate’s Court Malindi and any other manner whatsoever dealing with case No. 1043 of 2006 or any variation thereof in respect of any charge or charges in substitution thereof or akin to the same.
Remedies
- Refund of the cash bail paid by the applicant.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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