Zephania Ogoro Obuya v Director of Public Prosecutions & another [2017] KEHC 2109 (KLR)

Facts

The applicant, Zephania Ogoro Obuya, sought orders of certiorari to remove and quash the decision of the Resident Magistrate court recommending the charging of the driver of motor vehicle KAG 946T for causing death by dangerous driving. The applicant also sought orders of prohibition to prevent the arrest of the driver.

Issues

1. Whether the inquest conducted by the trial court was conducted in compliance with Section 386(1)(b) of the Criminal Procedure Code.
2. Whether the applicant has made out a case to warrant the issuance of orders of judicial review to stop his intended prosecution.
3. Whether the implementation of the trial court's decision will occasion the applicant double jeopardy.

Reasoning

The court noted that the trial court did not carry out an inquest out of the blues but that the inquest was conducted following a proper report filed by the police after their investigations of the accident that led to the death of the deceased.

Outcome

The application was dismissed.

Authorities cited