Republic v Director of Public Prosecution (DPP) & 2 others [2015] KEHC 7791 (KLR)
- Court
- High Court of Kenya
- Case number
- 7791
- Citation
- [2015] KEHC 7791 (KLR)
- Decided
- 21 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for Certiorari and ProhibitionCoramG V ODUNGA
Holding
The Court grants the application for Certiorari and Prohibition.
Facts
The applicant, Albert Mokono Ondieki, seeks to remove criminal proceedings against him at OCS Kasarani Police Station and prohibit the respondents from charging him in any court.
Issues
- Whether the Court can interfere with ongoing criminal proceedings
- Whether the Court can grant an order of prohibition to prevent the respondents from charging the applicant
Reasoning
The Court holds that the Court cannot interfere with the ongoing criminal proceedings as it is not concerned with the merits but with the decision-making process. However, if the proceedings constitute an abuse of process, the Court can intervene.
Outcome
Application granted
Orders
- Certiorari to remove proceedings and quash charge sheet
- Prohibition to prohibit respondents from charging the applicant in any court
Remedies
- Quash the charge sheet
- Prohibit respondents from charging the applicant
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Constitution of Kenya
Cases cited (3)
- Joram Mwenda Guantai vs. The Chief Magistrate, Nairobi Civil Appeal No. 228 of 2003
- Meixner & Another vs. Attorney General
- Kuria & 3 Others vs. Attorney General
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.
Loading judgment…