Kanyarati & 2 others v Inspector General of Police the Director of Criminal Investigations Department & 2 others (Petition 379 of 2015) [2015] KEHC 667 (KLR) (Constitutional and Human Rights) (15 December 2015) (Judgment)
- Court
- High Court of Kenya
- Case number
- 667
- Citation
- [2015] KEHC 667 (KLR)
- Decided
- 15 December 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetition 379 of 2015CoramJL ONGUTO, Ngugi
Holding
The Petitioners' rights under Article 29, 31 and 50 have not been infringed.
Facts
The Petitioners seek orders to prohibit the Inspector General of Police and the Director of Criminal Investigations Department from investigating and prosecuting the Petitioners regarding purchase price deposits paid to the 3rd Petitioner.
Issues
- Whether the investigations being undertaken by the 1st Respondent violate the Petitioners' rights and freedom as guaranteed by the Constitution.
- Whether the Petitioners have demonstrated violation of their rights or threats to violate their rights under Article 29(f), 31 and 50 of the Constitution.
Reasoning
The court found that the investigations were within the powers granted by the Constitution and relevant statutes, and that the Petitioners had not demonstrated a violation of their rights.
Outcome
The Petition fails and is dismissed.
Orders
- Prohibition to restrain the 1st and 2nd Respondents from carrying out investigations or instituting criminal prosecution regarding the purchase price deposits.
- Order of certiorari to quash the ongoing investigations as well as an earlier order obtained before the Chief Magistrate as part of the investigations.
- Declaration that the continued investigation of the Petitioners in relation to matters pending before the Environment and Land Court is a threat to the Petitioner's right to a fair trial.
Authorities cited
Legislation (4)
- Article 157(4) and 245(4) of the Constitution
- Article 252(1) (a) of the Constitution
- National Police Service Act (Cap 84)
- Oce of the Director of Public Prosecutions Act, No. 2 of 2013
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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