Johannes Petrus v Director of Public Prosecutions & another [2021] KEHC 6957 (KLR)
- Court
- High Court of Kenya
- Case number
- 6957
- Citation
- [2021] KEHC 6957 (KLR)
- Decided
- 11 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaration and ProhibitionPosturePetitioner seeks declarations and orders against the Director of Public Prosecutions and the Director of Criminal InvestigationsCoramE. M. Githinji, H. M. Okwengu, Inoti, KLR Mohammed, Madan, Makhandia, Odunga, Ouko
Holding
The Petition is dismissed, and the trials before the Magistrate's court shall resume hearing.
Facts
The Petitioner alleges that the Director of Public Prosecutions and the Director of Criminal Investigations violated his rights under various articles of the Constitution of Kenya and other statutes by instituting criminal proceedings without his prior consent.
Issues
- Whether the matter is res judicata
- Whether the 2nd Respondent instituted the criminal proceedings without the prior consent of the 1st Respondent and whether this makes the said proceedings null and void abinitio
Reasoning
The Court finds that the matter is not res judicata and that the 2nd Respondent did not have the prior consent of the 1st Respondent to institute the criminal proceedings, making them null and void abinitio.
Outcome
The Petition is dismissed.
Orders
- The Petition is dismissed.
- The orders of stay are discharged.
- The trials before the Magistrate's court shall resume hearing.
Remedies
- The intended prosecution of the Petitioner is prohibited unless the same are instituted through the 1st Respondent, the Director of Public Prosecutions.
- The costs of the Petition are awarded to the Petitioner against the 2nd Respondent.
Authorities cited
Legislation (4)
- Office of Director of Public Prosecutions Act No. 2 of 2013
- National Police Service Act No. 11A of 2013
- Fair Administrative Action Act No. 4 of 2015
- National Prosecution Policy
Cases cited (1)
- Owners of the Motor Vessel “Lilian S” v Caltex Oil (Kenya) Ltd (1989) 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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