Republic v Director of Public Prosecution & another Ex Parte Reuben Ngila Kitonyi [2016] KEHC 3176 (KLR)

Facts

The applicant, Reuben Ngila Kitonyi, was an accused person in a criminal case (Criminal Case No. 2881/1996) which was terminated by withdrawal under section 87A of the Criminal Procedure Code. The applicant sought certified copies of the investigation results and restoration to his position at the Central Bank of Kenya.

Issues

1. Whether the respondent (Director of Public Prosecution) is legally bound to disclose the results of the investigation.
2. Whether the applicant's case for mandamus is valid given the lack of specific legal remedy and the absence of fresh investigations.

Reasoning

The court applied the principles of mandamus, emphasizing that it compels the performance of a public duty imposed by statute when the duty is not performed. The court ruled that the applicant failed to prove the existence of fresh investigations and that the disciplinary proceedings are not relevant to the criminal matter.

Outcome

The court dismissed the application for mandamus.

Authorities cited