Republic v Chief Magistrate, Kilgoris;Ex -parte Applicant: Johana Kipngeno Langat [2021] KEHC 9509 (KLR)
- Court
- High Court of Kenya
- Case number
- 9509
- Citation
- [2021] KEHC 9509 (KLR)
- Decided
- 3 February 2021
The court finds no evidence of the prosecution using the criminal case to derive collateral advantage to the complainant in the civil case or in the use of the land, and thus rejects the request for stay of criminal proceedings.
Facts
The applicant, Johana Kipngeno Langat, initiated a criminal case against the respondent, Chief Magistrate of Kilgoris, alleging forcible entry. A civil case (ELC No. 46 of 2018) is pending in court over the same land.
Issues
- Whether the criminal proceedings should be stayed due to the pending civil case on the same land.
- Whether the criminal proceedings are being used oppressively or for reasons other than to bring the accused to justice.
Reasoning
The court upholds the prosecution's right to institute criminal charges under the Criminal Procedure Code, as long as they act in good faith and are guided by the public interest. The mere existence of a civil case on the same subject matter does not bar the institution or continuation of criminal proceedings.
Outcome
The application for stay of criminal proceedings is dismissed.
Orders
- The substantive Notice of Motion be fixed for hearing.
Authorities cited
Legislation (2)
- Criminal Procedure Code (CPC), Section 193A
- Constitution of Kenya, 2010, Article 157(11)
Cases cited (1)
- Kuria & 3 others vs. AG (2000) 2 KLR 69
Loading judgment…