Abdulkadir Athman Salim ElKindy v Director of Public Prosecutions & another [2017] KEHC 9125 (KLR)
- Court
- High Court of Kenya
- Case number
- 9125
- Citation
- [2017] KEHC 9125 (KLR)
- Decided
- 25 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Constitutional and Human Rights ViolationPostureRespondents' appeal from a High Court orderCoramAbida Ali Aaroni, Lord Bingham LC
Holding
Judicial officers are not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function
Facts
The petitioner seeks to challenge criminal proceedings against him, alleging violations of his rights under the Constitution and statutes. The criminal proceedings are pending at the Chief Magistrates Court at Kisumu, but the petition was filed in Nairobi.
Issues
- whether judicial officers are precluded from investigations, arrest, detention or prosecution for criminal offences
- whether there are sufficient grounds to stop the criminal proceedings against the petitioner
Reasoning
The court relies on constitutional provisions and judicial immunity statutes to hold that judicial officers are immune from civil liability for actions taken in the course of their judicial duties provided they act in good faith.
Outcome
Affirmed
Authorities cited
Legislation (3)
- Judicature Act
- Evidence Act
- Constitution of Kenya 2010
Cases cited (13)
- Bradley v. Fisher
- Griffith vs. Slinkard
- Minister for Justice & Constitutional Development v Moleko
- Dennis Mogambi Mong'are vs A.G. & 3 Others
- George Ngaya vs Judicial Service Commission & 3 Others
- Hui Chi-Ming v R
- DPP v Meakin
- Attorney General's Reference (No 1 of 1990)
- Attorney General's Reference (No 2 of 2001)
- Bennett v Horseferry Road Magistrates' Court and Another
- R v Methyr Tydfil Magistrates' Court and Day ex parte DPP
- R v Birmingham and Others
- Republic vs Attorney General ex-parte Arap Ngeny HCC APP NO. 406 of 2001
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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