Fatma Nabhany & another v Directors of Public Prosecution & 2 others [2017] KEHC 4548 (KLR)
- Court
- High Court of Kenya
- Case number
- 4548
- Citation
- [2017] KEHC 4548 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureApplication for stay of proceedingsCoramOdunga
Holding
The court finds that the proceedings before the 2nd Respondent in Criminal Case No. 2140 of 2016 are warranted and merited and cannot be stayed.
Facts
Fatma Nabhany and Eddaah Mwake Ngwatu filed a constitutional petition against the Director of Public Prosecutions and the Senior Principal Magistrate's Court in Mombasa, alleging that criminal charges were improperly filed against them.
Issues
- Whether the proceedings before the 2nd Respondent in Criminal Case No. 2140 of 2016 should be stayed pending the hearing and determination of the application.
- Whether the Director of Public Prosecutions acted within his constitutional mandate in filing and continuing criminal proceedings against the petitioners.
Reasoning
The court upholds the Director of Public Prosecutions' discretion to institute and continue criminal proceedings. The court also finds that the petitioners have not proven that their prosecution is unlawful or unreasonable.
Outcome
The application for stay of proceedings is dismissed.
Orders
- Criminal Case No. 2140 of 2016 to be set down for hearing on 18th July 2017.
Authorities cited
Legislation (18)
- Article 3(1) of the Constitution of Kenya
- Article 23(1) of the Constitution of Kenya
- Article 50(1) of the Constitution of Kenya
- Article 159(2)(a) and (e) of the Constitution of Kenya
- Article 258(1) of the Constitution of Kenya
- Article 22 of the Constitution of Kenya
- Article 25(c) of the Constitution of Kenya
- Article 27 of the Constitution of Kenya
- Article 28 of the Constitution of Kenya
- Article 29 of the Constitution of Kenya
- Article 47 of the Constitution of Kenya
- Article 159(2)(a) of the Constitution of Kenya
- Article 258(1) of the Constitution of Kenya
- Article 259 of the Constitution of Kenya
- Criminal Procedure Code
- Article 157(6) of the Constitution of Kenya
- Article 157(10) of the Constitution of Kenya
- Article 157(11) of the Constitution of Kenya
Cases cited (1)
- Fatuma Nabhany & Another vs. Criminal Investigation Department & 4 Others [2016] 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.
Loading judgment…