Josephat Gacheru Rugiri v Director of Public Prosecutions & another [2018] KEHC 9734 (KLR)
- Court
- High Court of Kenya
- Case number
- 9734
- Citation
- [2018] KEHC 9734 (KLR)
- Decided
- 19 November 2018
The court found that the petitioner did not present tangible proof of alleged violations of his constitutional rights and that the respondents' actions were within their mandate.
Facts
The petitioner was the complainant in a previous eviction case (Milimani CMCC 6798 of 2016) where he obtained an eviction order. The respondents, the Director of Public Prosecutions and the Director of Criminal Investigations, are now seeking to arrest and prosecute the petitioner for alleged criminal offenses related to the execution of the eviction order.
Issues
- Whether the petitioner's constitutional rights have been violated or threatened with violation.
- Whether the respondents' actions in summoning and charging the petitioner are within their mandate and not a violation of the petitioner's rights.
Reasoning
The court determined that the petitioner's claims were insufficient to establish a violation of his constitutional rights, and that the respondents' actions were within their legal authority.
Outcome
The petition was dismissed.
Authorities cited
Legislation (2)
- Article 22 of the Constitution
- Article 157 of the Constitution
Cases cited (2)
- Anarita Karimi Njeru v Republic (No. 1) [1979] 1 KLR 154
- Mumo Matemu v Trusted Society of Human Rights Alliance Civil Appeal No. 290 of 2012 [2013] eKLR
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