Republic v Inspector General - National Police Service & 2 others Ex Parte Wilfred Kashoga Saroni & 5 others [2017] KEHC 9450 (KLR)
- Court
- High Court of Kenya
- Case number
- 9450
- Citation
- [2017] KEHC 9450 (KLR)
- Decided
- 24 October 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondents sought to quash charges and prohibit prosecutionCoramND INTERESTED PARTY SWARA
Holding
The applicants' pleadings are valid and the respondents' application is dismissed
Facts
The applicants sought leave to apply for orders of certiorari and prohibition against the Inspector General of the National Police Service, the Director of Criminal Investigations and the Director of Public Prosecutions. The applicants were charged under a joint venture agreement.
Issues
- Validity of the applicants' pleadings
- Validity of Omwoyo Kennedy Osoro's practising certificate
- Grounds for striking out the applicants' pleadings
Reasoning
The applicants' pleadings were not based on incurable illegality and were not struck out. The applicants were granted leave to apply for orders of certiorari and prohibition.
Outcome
Application dismissed
Orders
- An order of Certiorari to remove into the High Court and quash the 1st, 2nd and 3rd Respondent's anticipated decision to charge the Ex parte Applicants
- An order of Prohibition directed at the 1st, 2nd and 3rd Respondents from prosecuting the Ex parte Applicants
Remedies
- The costs of this application be provided for
Authorities cited
Legislation (5)
- Law Reform Act, Cap 26
- Civil Procedure Rules 2010
- Articles 2, 22, 23, 25, 27, 47, 48, 50, 159 and 165 of the Constitution of Kenya 2010
- Penal Code, Laws of Kenya
- Joint Venture Agreement
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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