[2001] KEHC 214 (KLR)

[2001] KEHC 214 (KLR)

The court found that the criminal proceedings against the applicant were so closely connected to the pending civil suit over the same parcel of land that allowing both to proceed concurrently would result in injustice and amount to an abuse of the court process. The involvement of the same parties in both matters, and the fact that the complainant in the criminal case was a defendant in the civil suit, indicated that the criminal process was being used to harass the applicant. Consequently, the court exercised its discretion to issue an order of prohibition to restrain the Chief Magistrate's Court from proceeding with the criminal case until the civil dispute was resolved.

Citation
[2001] KEHC 214 (KLR)
Parties
Applicant: Halima Sebit Marjan; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 November 2001
Case Number
? 596 of 2001
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application allowed
Legal Topics
Abuse of Process, Prohibition Orders, Parallel Proceedings, Land Ownership Disputes, Criminal Charges Arising From Civil Disputes
Source Language
English
Criminal Law Civil Procedure Land and Property Abuse of Process Prohibition Orders Parallel Proceedings Land Ownership Disputes Criminal Charges Arising From Civil Disputes

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Parties

Halima Sebit Marjan

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the criminal proceedings against the applicant constitute an abuse of the process of the court.
  2. 2 Whether an order of prohibition should issue to restrain the Chief Magistrate's Court from proceeding with the criminal case while a related civil suit is pending.

Ratio Decidendi

The court found that the criminal proceedings against the applicant were so closely connected to the pending civil suit over the same parcel of land that allowing both to proceed concurrently would result in injustice and amount to an abuse of the court process. The involvement of the same parties in both matters, and the fact that the complainant in the criminal case was a defendant in the civil suit, indicated that the criminal process was being used to harass the applicant. Consequently, the court exercised its discretion to issue an order of prohibition to restrain the Chief Magistrate's Court from proceeding with the criminal case until the civil dispute was resolved.

Court Disposition

application allowed

Orders

  • An order of prohibition is issued restraining the Chief Magistrate's Court or any other magistrate from proceeding with Criminal Case No. 1629 of 2001 against the applicant.
  • There shall be no order as to costs.