Denis Joseph Shijenje & another v Kenya Revenue Authority & 2 others [2021] KEHC 12572 (KLR)
- Court
- High Court of Kenya
- Case number
- 12572
- Citation
- [2021] KEHC 12572 (KLR)
- Decided
- 28 January 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondents' appeal from a High Court orderCoramMajanja, Onguto
Holding
The court finds that the ongoing investigations are not unlawful and that the Petitioners' rights cannot be limited to accommodate the evidence collection by the Respondents.
Facts
Petitioners are Denis Joseph Shijenje and Bachman Enterprises Limited. They seek a declaration that ongoing investigations by Kenya Revenue Authority and Inspector General of Police against them in Criminal Case Number 2091/2018 violate their constitutional rights and are unlawful.
Issues
- Whether the Respondents can be stopped from investigations against the Petitioners?
- Whether the Respondents have infringed on the Petitioners' Constitutional rights?
- Whether the Petitioners' rights can be limited to accommodate the evidence collection by the Respondents?
Reasoning
The court upholds the Respondents' right to investigate and prosecutes the Petitioners in the ongoing criminal case. The Petitioners' claims of harassment and intimidation are dismissed.
Outcome
Affirmed
Authorities cited
Legislation (8)
- Article 27
- Article 28
- Article 29
- Article 39
- Article 47
- Article 49
- Article 50
- Article 49(1)(f)
Cases cited (1)
- Kenya Commercial Bank Limited and 2 others vs. Commissioner of Police and Another Nairobi Petition No. 218 of 2012 (2013) eKLR
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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