Kigia v Director of Public Prosecution & 2 others (Miscellaneous Application E091 of 2024) [2025] KEHC 8092 (KLR) (10 June 2025) (Ruling)

Facts

The applicant, Michael Kungu Kigia, seeks a stay of criminal proceedings against him in CR. Case No. 519/2024, alleging that the trial court's ruling of 22/3/2024 contradicts the High Court's orders of 19/12/2023. He also seeks orders to stay proceedings in CR. Case Nos. 368/2023 and 427/2023, and to prosecute against certain individuals for alleged misconduct.

Issues

1. Stay of criminal proceedings against the applicant
2. Prosecutorial mandate of the Director of Public Prosecution
3. Abuse of discretion by the Director of Public Prosecution

Reasoning

The court considers the application incompetent as it does not comply with Rule 4 (1) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules. The court also notes that the applicant is not alleging violation of his rights under the Constitution per se, but rather an order to effectively stay the criminal charges he is facing.

Outcome

Application dismissed

Authorities cited