Peter Ng’ang’a Mburu & 2 others v Director of Public Prosecution & another [2018] KEHC 475 (KLR)
- Court
- High Court of Kenya
- Case number
- 475
- Citation
- [2018] KEHC 475 (KLR)
- Decided
- 7 December 2018
The court held that the DPP's decision to prosecute the Petitioners was not ultra vires and that the Petitioners' rights and fundamental freedoms were not violated.
Facts
The Petitioners are advocates employed as Registrars at the Ministry of Lands and Physical Planning. They filed a petition against the Director of Public Prosecution and the Ethics and Anti-Corruption Commission, seeking declarations and orders regarding their liability and the legality of the charges against them.
Issues
- Whether the Petitioners' rights and fundamental freedoms under Article 28, 29, and 50 of the Constitution have been violated.
- Whether the DPP's decision to initiate, maintain, and prosecute the Petitioners in Milimani Anti-Corruption Case No. 33 of 2018 contravenes Article 157(11) of the Constitution and related articles.
Reasoning
The court cited case law to emphasize that the DPP's powers are constitutionally mandated and should be left to the discretion of the DPP. The court also noted that the Petitioners must establish clear evidence of violation of their rights under the Constitution.
Outcome
The petition was dismissed.
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Land Registration Act
- Article 157 of the Constitution
Cases cited (4)
- Paul Ng'ang'a Nyaga v Attorney General & 3 others (2013) eKLR
- Francis Anyango Juma v The Director of Public Prosecutions and another (2014) eKLR
- Kenya Commercial Bank Limited & 2 others V Commissioner of Police and Another (2013) EKLR
- George Joshua Okungu and Another v Chief Magistrate Court Anti-Corruption Court at Nairobi and Another (2014) eKLR
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