[2014] KEHC 7508 (KLR)

[2014] KEHC 7508 (KLR)

The court found that the criminal proceedings against the applicant arose from a contractual dispute over payment for timber extraction services, which is a civil matter. The Director of Public Prosecution failed to conduct proper investigations and exercised his quasi-judicial function improperly by instituting criminal charges under section 316(A) of the Penal Code, which was inapplicable to the facts. The prosecution was intended to pressure the applicant to settle a civil debt, constituting an abuse of the criminal process. The applicant's arrest and handcuffing, despite his submission to custody, were unnecessary and contravened section 21 of the Criminal Procedure Code and Article...

Citation
[2014] KEHC 7508 (KLR)
Parties
Applicant: Peter Macharia Ruchachu; Respondent: Director of Public Prosecution; Respondent: Attorney General
Court
High Court
Court Station
High Court at Murang'a
Jurisdiction
Kenya
Judgment Date
3 March 2014
Case Number
Constitutional Application 4 of 2013
Procedural Posture
Miscellaneous Constitutional Application / Judgment
Outcome
Application allowed in part; criminal proceedings permanently stayed; declaration of breach of quasi-judicial function; costs to applicant.
Legal Topics
Supervisory Jurisdiction, Abuse of Process, Quasi Judicial Function, Right to Fair Trial, Arrest and Detention, Civil Disputes in Criminal Court
Source Language
English
Constitutional Law Criminal Law Supervisory Jurisdiction Abuse of Process Quasi Judicial Function Right to Fair Trial Arrest and Detention Civil Disputes in Criminal Court

Case Brief

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Parties

Peter Macharia Ruchachu

Applicant

Director of Public Prosecution

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Constitutional Application / Judgment

Legal Issues

  1. 1 Whether the institution of criminal proceedings against the applicant was an abuse of the criminal process intended to exert pressure to settle a civil dispute.
  2. 2 Whether the Director of Public Prosecution exercised his quasi-judicial function properly in charging the applicant.
  3. 3 Whether the applicant's constitutional rights under Articles 28 and 29 were violated by the manner of his arrest and prosecution.

Ratio Decidendi

The court found that the criminal proceedings against the applicant arose from a contractual dispute over payment for timber extraction services, which is a civil matter. The Director of Public Prosecution failed to conduct proper investigations and exercised his quasi-judicial function improperly by instituting criminal charges under section 316(A) of the Penal Code, which was inapplicable to the facts. The prosecution was intended to pressure the applicant to settle a civil debt, constituting an abuse of the criminal process. The applicant's arrest and handcuffing, despite his submission to custody, were unnecessary and contravened section 21 of the Criminal Procedure Code and Article...

Court Disposition

Application allowed in part; criminal proceedings permanently stayed; declaration of breach of quasi-judicial function; costs to applicant.

Orders

  • It is declared that under section 157(6) of the Constitution the 1st Respondent exercises a quasi-judicial function in determining whether or not criminal proceedings shall be instituted against a person such as the applicant.
  • The 1st Respondent breached the quasi-judicial function by instituting criminal proceedings against the applicant in Kandara Principal Magistrates Court Criminal Case No. 682 of 2012.