Samuel Kamau Macharia & 2 others V Attorney General & another [2013] KEHC 6912 (KLR)
- Court
- High Court of Kenya
- Case number
- 6912
- Citation
- [2013] KEHC 6912 (KLR)
The Court held that the Attorney General's decision not to prosecute the bank was contrary to the Constitution and the Court should intervene to compel the DPP to act.
Facts
The 1st petitioner is the majority shareholder and chairman of the Board of directors in the 2nd and 3rd petitioners. He claims the respondent (Director of Public Prosecutions) failed to institute criminal proceedings against the Standard Chartered Bank over non-remittance of Ksh 55 million to his account.
Issues
- Whether the Attorney General acted contrary to the Constitution in failing to prosecute the bank for theft
- Whether the Court has jurisdiction to intervene in a civil dispute
Reasoning
The Court found that the Attorney General's power to prosecute is discretionary but must be exercised judicially. The Constitution vests jurisdiction in the High Court to determine if the Attorney General has acted in accordance with the Constitution.
Outcome
The Court ordered the DPP to institute criminal proceedings against the bank.
Orders
- Order of mandamus to compel the respondent to act on the complaint against the bank and its directors in accordance with the Constitution and the law
Authorities cited
Legislation (3)
- Section 123(8) of the former Constitution
- Section 26 of the former Constitution
- Article 157 of the Constitution of Kenya, 2010
Cases cited (2)
- Githunguri v Republic
- Kenya Commercial Bank Ltd and 2 others v Commissioner of Police and another
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