Republic v Director of Public Prosecution & 2 others Ex-parte Nyaboga Mariaria [2014] KEHC 2096 (KLR)
- Court
- High Court of Kenya
- Case number
- 2096
- Citation
- [2014] KEHC 2096 (KLR)
- Decided
- 4 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari, Prohibition, and Conservatory OrdersCoramNyamu, Ojwang, Wendoh
Holding
The court will not hesitate in putting a halt to criminal proceedings that constitute an abuse of process.
Facts
The applicant, Nyaboga Mariaria, sought orders to remove into the court for the purpose of quashing proceedings and charging him with an offence related to a land transaction. The purchaser failed to give a professional undertaking as per the sale agreement.
Issues
- Whether the criminal proceedings against the applicant constitute an abuse of process.
- Whether the court has the power to interfere with the exercise of the Attorney General's discretion in prosecuting the applicant.
Reasoning
The court emphasized that judicial review is concerned with the decision-making process and not the merits of the decision itself. The court held that if the prosecution amounts to an abuse of the process of the court and is oppressive and vexatious, the judge has the power to intervene.
Outcome
The court will not hesitate in putting a halt to the criminal proceedings.
Orders
- An order of Certiorari to remove into this Honourable Court for the purpose of being quashed, and quash, the proceedings and/or the Respondents decision to charge the Ex parte Applicant, Nyaboga Mariaria.
- An order of Prohibition and/or Conservatory, directed at the 1st, 2nd and 3rd Respondents, prohibiting the Director of Public Prosecutions and/or his agents, the 2nd and 3rd Respondents from charging or presenting a charge sheet against the Ex Parte Applicant herein, Nyaboga Mariaria in any court with an offence relating to the transaction in, L.R. NO. 9104/91.
Remedies
- Removal of the proceedings from the Respondents decision to charge the applicant.
- Prohibition and Conservatory orders to prevent the Respondents from charging the applicant.
Authorities cited
Legislation (5)
- Law Reform Act, Cap 26, Laws of Kenya
- Constitution of Kenya
- Criminal Procedure Code, Cap 75, Laws of Kenya
- Penal Code, Cap 63, Laws of Kenya
- Advocates Act, Cap 16, Laws of Kenya
Cases cited (3)
- Joram Mwenda Guantai vs. The Chief Magistrate, Nairobi Civil Appeal No. 228 of 2003 [2007] 2 EA 170
- Meixner & Another vs. Attorney General [2005] 2 KLR 189
- Kuria & 3 Others vs. Attorney General [2002] 2 KLR 69
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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