Republic v Director of Public Prosecutions Director of Criminal & another Ex-parte Guy Spencer Elms & another [2017] KEHC 5165 (KLR)
- Court
- High Court of Kenya
- Case number
- 5165
- Citation
- [2017] KEHC 5165 (KLR)
- Decided
- 14 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari and ProhibitionCoramLenaola, Majanja, Ojwang, Wendoh
Holding
The Notice of Motion is dismissed with costs, and the orders sought are denied.
Facts
The ex parte applicants seek orders to quash a decision by the 1st Respondent to charge them for forgery of a testamentary instrument and to prohibit the Respondents from harassing them.
Issues
- Abuse of process by the Respondents in charging the applicants
- Prohibition of criminal proceedings
Reasoning
The court found that the criminal proceedings were not an abuse of process and that the applicants had not demonstrated that the Respondents had acted ultra vires or in a manner that violated the Constitution or law.
Outcome
The Notice of Motion is dismissed with costs.
Orders
- The Notice of Motion is dismissed with costs.
- Orders accordingly.
Authorities cited
Legislation (4)
- Law of Succession Act
- National Police Service Act
- Fair Administrative Action Act
- Constitution of Kenya, 2010
Cases cited (3)
- Joram Mwenda Guantai vs. The Chief Magistrate, Nairobi Civil Appeal No. 228 of 2003
- Meixner & Another vs. Attorney General
- Kuria & 3 Others vs. Attorney General
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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