[2020] KEHC 6072 (KLR)
The court determined that since the application for leave for judicial review orders relates to proceedings in the Chief Magistrate’s Anti-Corruption Court in Nairobi, the matter falls under the supervisory jurisdiction of the Anti-Corruption and Economic Crimes Division of the High Court. Accordingly, the suit...
Source-derived case information.
- Citation
- [2020] KEHC 6072 (KLR)
- Parties
- Applicant: Charles Mbugua Njuguna; Respondent: Director of Public Prosecutions; Respondent: Ethics and Anti-Corruption Commission; Respondent: Inspector General of the National Police Service; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 83 of 2019
- Procedural Posture
- Judicial Review Application / Ruling on Transfer and Directions
- Outcome
- Application transferred to the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi for further hearing and determination.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Prohibition and Certiorari, Criminal Prosecution, Money Laundering, Supervisory Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Mbugua Njuguna
Applicant
Director of Public Prosecutions
Respondent
Ethics and Anti-Corruption Commission
Respondent
Inspector General of the National Police Service
Respondent
The Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Transfer and Directions
Legal Issues
- 1 Whether the High Court has jurisdiction to hear the application for leave for judicial review orders relating to criminal proceedings in the Chief Magistrate’s Anti-Corruption Court.
- 2 Whether the matter should be transferred to the Anti-Corruption and Economic Crimes Division of the High Court for further hearing and determination.
Ratio Decidendi
The court determined that since the application for leave for judicial review orders relates to proceedings in the Chief Magistrate’s Anti-Corruption Court in Nairobi, the matter falls under the supervisory jurisdiction of the Anti-Corruption and Economic Crimes Division of the High Court. Accordingly, the suit should be transferred to that division for further hearing and determination. The Chamber Summons is to be placed before the Duty Judge of the Anti-Corruption and Economic Crimes Division for directions.
Court Disposition
Application transferred to the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi for further hearing and determination.
Orders
- This suit is transferred to the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi for further hearing and determination.
- The Applicant’s Chamber Summons dated 21st April 2020 shall be placed before the Duty Judge at the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi on 23rd April 2020 for directions.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 83 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF PROHIBITION AND CERTIORARI
BETWEEN
CHARLES MBUGUA NJUGUNA.....................................................APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS........................1ST RESPONDENT
ETHICS AND ANTI-CORRUPTION
COMMISSION.........................................................................2ND RESPONDENT
INSPECTOR GENERAL OF THE NATIONAL
POLICE SERVICE................................................................3RD RESPONDENT
THE ATTORNEY GENERAL.................................................4TH RESPONDENT
RULING
The Application
1. Charles Mbugua Njuguna (hereinafter “the Applicant”) is an Advocate of this Court, and he is aggrieved by a decision mad on or about 22nd October 2019 by the Director of Public Prosecution, who is the 1st Respondent herein. The said decision sought to institute criminal proceedings against the Applicant in Chief Magistrate’s Anti- Corruption Court Case No. 28 of 2019 for the offence of money laundering.
2. The Applicant has now moved this Court in an application by way of Chamber Summons dated 21st April 2020, seeking orders that the said application be certified urgent, and for leave to apply for judicial review orders of prohibition and certiorari to prohibit and quash the criminal proceedings against him in the Chief Magistrate’s Anti- Corruption Court Case No. 28 of 2019. The Applicant also seeks orders that the said leave operate as a stay of the impugned proceedings, and that the costs of the application be provided for. The application is supported by the Applicant’s Statutory Statement dated 21st April 2020, and a verifying affidavit sworn on the same date by the Applicant.
3. I have perused the Chamber Summons and supporting documents, and note that the Applicant is seeking leave to bring orders in relation to proceedings in the Chief Magistrate’s Anti- Corruption Court in Nairobi, which is under the supervisory jurisdiction of the Anti-Corruption and Economic Crimes Division of the High Court.
4. In the premises I direct and orders that this suit be and is hereby transferred to the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi for further hearing and determination. The Applicant’s Chamber Summons dated 21st April 2020 shall accordingly be placed before the Duty Judgeat theAnti- Corruption and Economic Crimes Division of the High Court at Nairobi on 23rd April 2020, for directions.
5. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the Applicant, and to the Deputy Registrar of the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi, by close of business today.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF APRIL 2020
P. NYAMWEYA
JUDGE