Republic v Director of Public Prosecutions & another Ex-Parte Geoffrey Mayaka Bogonko & another [2017] KEHC 9245 (KLR)
- Court
- High Court of Kenya
- Case number
- 9245
- Citation
- [2017] KEHC 9245 (KLR)
- Decided
- 28 September 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari and Prohibition
Holding
The court finds that the Notice of Motion is unmerited and dismisses it with costs to the respondents and the interested party.
Facts
The applicant, Geoffrey Mayaka Bogonko, was the Director of Gerick (Kenya) Limited, a company that entered into a Non-Exclusive Dealership Agreement with Honda Motor Cycles Kenya Limited. The applicant seeks to have the criminal proceedings against him for obtaining goods by false pretenses quashed.
Issues
- Whether the court should halt criminal proceedings against the applicant
- Whether the criminal proceedings constitute an abuse of process
Reasoning
The court does not have the authority to halt criminal proceedings unless they constitute an abuse of process. The mere fact that the criminal proceedings may also form the basis of a civil suit is not a ground for halting them.
Outcome
The Notice of Motion is dismissed with costs.
Orders
- The Notice of Motion is dismissed with costs to the respondents and the interested party.
Authorities cited
Cases cited (2)
- R vs. Attorney General exp Kipngeno Arap Ngeny
- Joram Mwenda Guantai vs. The Chief Magistrate, Nairobi Civil Appeal No. 228 of 2003
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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