Nairobi House Limited v Chief Magistrate, Kiambu Law Courts & 2 others [2016] KEHC 7965 (KLR)
- Court
- High Court of Kenya
- Case number
- 7965
- Citation
- [2016] KEHC 7965 (KLR)
- Decided
- 30 August 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari and ProhibitionCoramMr.
Holding
The Court finds that the investigations are not an abuse of process and denies the application.
Facts
Nairobi House Limited seeks orders to remove to the High Court the Order issued by the Chief Magistrate in Kiambu Law Courts Miscellaneous Criminal Application No. 263 of 2015, and the decision of the Director of Criminal Investigations Department to investigate the applicant's title.
Issues
- Whether the investigations by the 2nd Respondent are necessary and proper
- Whether the investigations constitute an abuse of process
Reasoning
The Court upholds the investigations as necessary for the criminal case and denies the application for Certiorari and Prohibition.
Outcome
Application dismissed
Orders
- Order of Certiorari to remove to the High Court the Order issued by the Chief Magistrate in Kiambu Law Courts Miscellaneous Criminal Application No. 263 of 2015
- Order of Certiorari to remove to the High Court the decision of the Director of Criminal Investigations Department to investigate the applicant's title
- Order of Prohibition prohibiting the 2nd Respondent from carrying out any investigations in respect of the applicant's title
Authorities cited
Legislation (2)
- National Police Service Act No 11 A of 2011
- Criminal Procedure Code
Cases cited (1)
- Republic vs. Chief Magistrate Milimani & another Ex-parte Tusker mattresses Ltd & 3 others [2013] eKLR
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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