Republic v Director of Public Prosecution & another Ex Parte Rameshchandra Govind Gorasia [2016] KEHC 7892 (KLR)
- Court
- High Court of Kenya
- Case number
- 7892
- Citation
- [2016] KEHC 7892 (KLR)
- Decided
- 20 July 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from a lower court decisionCoramMajanja, Nyamu, Oguk, Ta, Waki
Holding
The court grants leave to apply for an order of prohibition.
Facts
The applicant, Rameshchandra Govind Gorasia, seeks leave to apply for an order of prohibition against the Director of Public Prosecution and the Director General, Directorate of Criminal Investigation. The applicant claims that the Chief Magistrate's Court at Milimani Law Courts has initiated criminal proceedings against him without investigating the land office officials and without forensic analysis of the title documents.
Issues
- Whether the applicant has an arguable case for leave to apply for an order of prohibition
- Whether the criminal proceedings against the applicant are in breach of statutory duties
Reasoning
The court considers the applicant's case to be arguable and grants leave to apply for an order of prohibition.
Outcome
Leave granted
Orders
- Order of prohibition granted
Remedies
- Order of prohibition
Authorities cited
Legislation (3)
- Penal Code
- Criminal Procedure Code
- Articles 29 (A), 39, 48 & 50 of the Constitution of Kenya
Cases cited (5)
- Matiba vs. Attorney General Nairobi H.C. Misc. Application No. 790 of 1993
- Republic vs. Land Disputes Tribunal Court Central Division and Another Ex Parte Nzioka [2006] 1 EA 321
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others Mombasa HCMCA No. 384 of 1996
- Mirugi Kariuki vs. Attorney General Civil Appeal No. 70 of 1991 [1990-1994] EA 156; [1992] KLR 8
- Re Bivac International SA (Bureau Veritas) [2005] 2 EA 43 (HCK)
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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