[2013] KEHC 6086 (KLR)

[2013] KEHC 6086 (KLR)

The court found that the petitioners failed to demonstrate any violation of their constitutional rights by the respondents. The evidence showed that the respondents acted within their constitutional and statutory mandates in investigating and prosecuting the petitioners. The existence of concurrent civil proceedings...

Source-derived case information.

Citation
[2013] KEHC 6086 (KLR)
Parties
Applicant: Florence Dorothy Seyanoi Kibera Moschion; Applicant: John Wamiti Njagi; Respondent: Director of Public Prosecution; Respondent: Commissioner of Police; Respondent: Director Criminal Investigation Department; Respondent: Chief Magistrate Court Milimani
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 March 2013
Case Number
Petition 341 of 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed with costs to the respondents and Interested Parties.
Legal Topics
Abuse of Process, Right to Fair Trial, Right to Bail, Concurrent Civil and Criminal Proceedings, Property Disputes, Prosecutorial Discretion
Source Language
english
Constitutional Law Criminal Law Land and Property Abuse of Process Right to Fair Trial Right to Bail Concurrent Civil and Criminal Proceedings Property Disputes +1 more

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Parties

Florence Dorothy Seyanoi Kibera Moschion

Applicant

John Wamiti Njagi

Applicant

Director of Public Prosecution

Respondent

Commissioner of Police

Respondent

Director Criminal Investigation Department

Respondent

Chief Magistrate Court Milimani

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the prosecution of the petitioners in Criminal Case Nos. 1133 and 1134 of 2012 violates their constitutional rights.
  2. 2 Whether the criminal proceedings constitute an abuse of the criminal justice process due to the civil nature of the underlying disputes.
  3. 3 Whether the petitioners' rights to fair administrative action, bail, and fair hearing under Articles 47, 49, and 50 of the Constitution have been violated.

Ratio Decidendi

The court found that the petitioners failed to demonstrate any violation of their constitutional rights by the respondents. The evidence showed that the respondents acted within their constitutional and statutory mandates in investigating and prosecuting the petitioners. The existence of concurrent civil proceedings did not bar criminal prosecution, as provided by Section 193A of the Criminal Procedure Code. The court held that the right to fair administrative action under Article 47 and the right to bail under Article 49(1)(h) were not violated, as there was no credible evidence of improper denial of bail or administrative unfairness. The right to a fair hearing under Article 50 was not...

Court Disposition

Petition dismissed with costs to the respondents and Interested Parties.

Orders

  • The petition is dismissed.
  • Costs awarded to the respondents and Interested Parties.