[2020] KEHC 1221 (KLR)
The court determined that since the applicant seeks judicial review orders in relation to proceedings before the Chief Magistrate’s Anti-Corruption Court, the matter falls within the supervisory jurisdiction of the Anti-Corruption and Economic Crimes Division of the High Court. Accordingly, the suit should be...
Source-derived case information.
- Citation
- [2020] KEHC 1221 (KLR)
- Parties
- Applicant: Henry Kiplagat Rotich; Respondent: Director of Public Prosecutions; Respondent: Ethics and Anti-Corruption Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 1144 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Application for Leave and Transfer of Suit
- 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, Anti Corruption Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Kiplagat Rotich
Applicant
Director of Public Prosecutions
Respondent
Ethics and Anti-Corruption Commission
Respondent
Procedural Posture
Judicial Review Application / Ruling on Application for Leave and Transfer of Suit
Legal Issues
- 1 Whether the applicant should be granted leave to apply for judicial review orders of certiorari and prohibition against the institution of criminal proceedings in ACC Case No. 20/2019.
- 2 Whether the matter should be heard by the Anti-Corruption and Economic Crimes Division of the High Court.
Ratio Decidendi
The court determined that since the applicant seeks judicial review orders in relation to proceedings before the Chief Magistrate’s Anti-Corruption Court, the matter falls within 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 court did not address the merits of the application for leave at this stage, focusing solely on the proper forum for adjudication.
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 10th November 2020 shall be placed before the Duty Judge at the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi on 9th December 2020 for directions.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E 1144 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR
JUDICIAL REVIEW ORDERS OF PROHIBITION AND CERTIORARI
BETWEEN
HENRY KIPLAGAT ROTICH......................................................................................APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS..................................................1ST RESPONDENT
ETHICS AND ANTI-CORRUPTION COMMISSION..................................2ND RESPONDENT
RULING
The Application
1. Henry Kiplagat Rotich (hereinafter “the Applicant”) is aggrieved by the Respondents’ decision to institute criminal proceedings against the Applicant in consolidated ACC Case No. 20/2019, before the Chief Magistrates' Court at Milimani.
2. The Applicant has consequently moved this Court in an application by way of Chamber Summons dated 10th November 2020, seeking the following orders:
1. THAT this court be please to certify this application urgent and fit to be heard expeditiously.
2. THAT this Court be pleased to grant leave to the applicant to apply for Judicial review orders to wit:-
a)That the applicant be granted leave to apply for orders of certiorari to move into this court and quash the decision to charge and the charges in the charge sheet filed against the Applicant in ACC case no. 20/2019 in Republic versus Henry Kiplagat Rotich and others.
b)That the Respondents be prohibited and are hereby prohibited from bringing similar charges against Henry Kiplagat Rotich based on the same provision of the law over the same transactions involving Kimwarer and Arror multipurpose dams.
3. THAT the costs of this Application be provided for.
3. I have perused the said Chamber Summons application 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 order 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 10th November 2020 shall accordingly be placed before the Duty Judgeat theAnti- Corruption and Economic Crimes Division of the High Court at Nairobi on 9th December 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 on 3rd December 2020.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF NOVEMBER 2020
P. NYAMWEYA
JUDGE