Republic v Director Of Public Prosecutions & 4 others Ex parte - Senator Johnson Nduya Muthama [2015] KEHC 1507 (KLR)
- Court
- High Court of Kenya
- Case number
- 1507
- Citation
- [2015] KEHC 1507 (KLR)
- Decided
- 9 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a previous dismissal with no order as to costsCoramG V ODUNGA
Holding
The court granted a conservatory order restraining the 2nd Respondent from undertaking the applicant's prosecution for a period of four months pending the hearing of the intended appeal.
Facts
The applicant sought to quash a decision by the Director of Public Prosecutions (DPP) appointing Paul Kibugi Muite SC as a public prosecutor for certain criminal cases and files.
Issues
- Whether the applicant has a prima facie case
- Whether the balance of convenience lies in favour of granting injunctive relief
Reasoning
The court found that the applicant has a prima facie case and that there would be a much larger risk of injustice if the court found in favor of the defendant, than if it determined the application in favor of the applicant.
Outcome
The application was granted with a conservatory order.
Orders
- Conservatory order restraining the 2nd Respondent from undertaking the applicant's prosecution for a period of four months pending the hearing of the intended appeal
Remedies
- Conservatory order
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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