Nicholas Nzioka Ndambuki v Director of Public Prosecutions & another [2014] KEHC 1903 (KLR)
- Court
- High Court of Kenya
- Case number
- 1903
- Citation
- [2014] KEHC 1903 (KLR)
- Decided
- 8 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for stay of proceedingsCoramL.N. MUTENDE
Holding
The application is dismissed. The criminal proceedings in the Lower Court shall not be stayed.
Facts
The applicant seeks a stay of proceedings in the Mavoko Principal Magistrate's Court in Criminal Case No. 747 of 2012, pending the determination of a Succession Cause No. 1754/2009 in the Machakos High Court. The applicant claims his mother Wanjiku Kahore died in 1976 and that she leased the parcel of land LR 1504/7 IR 6458 to Margaret Wamaitha.
Issues
- Whether the prosecution is an infringement of the applicant's rights under Section 157(11) of the Constitution.
- Whether the applicant's application for a stay of proceedings is valid and should be granted.
Reasoning
The court finds no reason to stay the criminal proceedings as the applicant's application is dismissed. The applicant's rights are limited by law and he cannot be left scot-free just because he has fundamental rights.
Outcome
Application dismissed
Orders
- The applicant shall appear before Mavoko Principal Magistrate's Court on the 21/10/2014 for hearing of his case.
Authorities cited
Legislation (1)
- Section 157(11) of the Constitution
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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