Republic & another v Director of Public Prosecution & 2 others (Interested Parties) [2021] KEHC 2886 (KLR)
- Court
- High Court of Kenya
- Case number
- 2886
- Citation
- [2021] KEHC 2886 (KLR)
- Decided
- 21 October 2021
An order of Certiorari to remove in to this court for purposes of quashing the criminal proceedings against the applicant in Sotik Principal Magistrate’s court Criminal Case Number 1522/2018 shall issue.
Facts
The Ex-parte Applicant, Paul Kiplangat Keter, initiated civil proceedings against John Kiplangat Koech in Sotik Principal Magistrate's Court, which resulted in an eviction order. The 2nd Interested Party, John Kiplangat Koech, obtained a fraudulent land title and later charged the Ex-parte Applicant with malicious damage to property.
Issues
- The constitutionality of criminal proceedings against the Ex-parte Applicant
- Abuse of process by the Director of Public Prosecution
Reasoning
The court found that the criminal proceedings were irrational and improper, as they were initiated despite valid court orders. The court also ruled that the Director of Public Prosecution abused the court process.
Outcome
The Ex-parte Applicant's application for Certiorari is granted.
Orders
- An order of Certiorari to remove in to this court for purposes of quashing the criminal proceedings against the applicant in Sotik Principal Magistrate’s court Criminal Case Number 1522/2018 shall issue.
- Each party shall bear their costs in this Application.
Remedies
- Quashing of criminal proceedings
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Penal Code (Cap 63 of the Laws of Kenya)
Cases cited (1)
- Thuita Mwangi & 2 Others Vs Ethics and Anti-Corruption Commission & 3 Others (2013) eKLR
Loading judgment…