Republic v Director of Public Prosecutions & 3 others Ex Parte Zhang Aixian; Jiang Baoqui & 3 others (Interested parties) [2020] KEHC 2290 (KLR)
- Court
- High Court of Kenya
- Case number
- 2290
- Citation
- [2020] KEHC 2290 (KLR)
- Decided
- 18 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Apply for Certiorari and ProhibitionCoramP. NYAMWEYA
Holding
The application is granted with the following orders.
Facts
The Applicant, Zhang Aixian, seeks to challenge the decision of the 1st, 2nd, and 3rd Respondents to charge and prosecute him in Kibera Chief Magistrate's Court Police Case No 145/93/200 and Criminal No. 896 of 2020.
Issues
- Certiorari to remove into the Court and quash the decision to charge and prosecute the Applicant
- Prohibition to prohibit further proceedings and future charges against the Applicant
Reasoning
The court grants the application for leave to apply for Certiorari and Prohibition, but does not provide detailed reasoning.
Outcome
The application is granted.
Orders
- Certiorari to remove into the Court and quash the decision to charge and prosecute the Applicant
- Prohibition to prohibit further proceedings and future charges against the Applicant
- Stay of further proceedings in Kibera Chief Magistrates Court Police Case No 145/93/200 and Criminal No. 896 of 2020 (Republic vs Zhang Aixian)
Remedies
- Certiorari to remove into the Court and quash the decision to charge and prosecute the Applicant
- Prohibition to prohibit further proceedings and future charges against the Applicant
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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