Cyrus Njeru Ireri & another v Republic [2015] KEHC 100 (KLR)
- Court
- High Court of Kenya
- Case number
- 100
- Citation
- [2015] KEHC 100 (KLR)
- Decided
- 29 December 2015
The petition has no merit and is hereby dismissed.
Facts
The 1st petitioner and complainant Njeru S. Kathuri had a sale agreement which the complainant later repudiated. The complainant filed two civil suits against the petitioner and caused him to be arrested by the police. The petitioner applied for an injunction, which was granted. The respondent in an act of impunity arrested the petitioner and his witness and put them in remand. The petitioner was charged with fraud and acquitted. The respondent filed an appeal, which was dismissed.
Issues
- Whether the respondent's appeal should be dismissed with costs.
- Whether the respondent lacks the right to prosecute the petitioner under Article 23(3)(a) of the Constitution.
Reasoning
The petitioners have not demonstrated that their rights were violated by the respondent. The respondent has a right of appeal against a ruling of no case to answer and acted within his mandate.
Outcome
Petition dismissed
Orders
- The parties to meet their own costs.
Authorities cited
Legislation (3)
- Article 23(3)(a) of the Constitution
- Article 157 of the Constitution
- Section 210 of the CPC
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