[2024] KEHC 7304 (KLR)
The High Court found that the question of whether proper investigations were conducted before the applicant was charged is a matter for the trial court to determine. The court emphasized that it would be acting without jurisdiction if it interfered with the ongoing criminal trials. Consequently, the application...
Source-derived case information.
- Citation
- [2024] KEHC 7304 (KLR)
- Parties
- Applicant: Michael Kungu Kigia; Respondent: Director Of Public Prosecution; Respondent: Law Society Of Kenya-Meru Branch
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E025 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Dismiss Criminal Cases
- Outcome
- application dismissed as abuse of court process
- Judges
- TW Cherere
- Legal Topics
- Abuse of Process, Jurisdiction of Court, Criminal Investigations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kungu Kigia
Applicant
Director Of Public Prosecution
Respondent
Law Society Of Kenya-Meru Branch
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Dismiss Criminal Cases
Legal Issues
- 1 Whether the High Court has jurisdiction to dismiss ongoing criminal cases on grounds of alleged improper investigations.
- 2 Whether the application to dismiss the criminal cases constitutes an abuse of court process.
Ratio Decidendi
The High Court found that the question of whether proper investigations were conducted before the applicant was charged is a matter for the trial court to determine. The court emphasized that it would be acting without jurisdiction if it interfered with the ongoing criminal trials. Consequently, the application seeking dismissal of the criminal cases was deemed an abuse of the court process and was dismissed.
Court Disposition
application dismissed as abuse of court process
Orders
- The summons dated 26th January, 2024 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Kigia v Director of Public Prosecution & another (Miscellaneous Civil Case E025 of 2024) [2024] KEHC 7304 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7304 (KLR)
Republic of Kenya
In the High Court at Meru
Miscellaneous Civil Case E025 of 2024
TW Cherere, J
June 13, 2024
Between
Michael Kungu Kigia
Applicant
and
Director Of Public Prosecution
1st Respondent
Law Society Of Kenya-Meru Branch
2nd Respondent
Ruling
1. By summons dated 26th January, 2024 supported by Applicant’s affidavit sworn o even date, Applicant seeks dismissal of Meru Criminal Case No. E368 of 2023 and Meru Criminal Case No. E427 of 2023 on the grounds that proper investigations were not carried out.
2. By replying affidavit sworn by Mwirigi Kaburu- Chair of the Respondent, on 28th May, 2024, Respondent argues that the trial courts handling the two cases in question have the requisite jurisdiction to determine them.
3. I have considered the application in the light of the affidavits on record and submission filed by the Applicant.
4. Whether or not proper investigations were carried out before Applicant was charged in Meru Criminal Case No. E368 of 2023 and Meru Criminal Case No. E427 of 2023 is a matter for determination by the trial court.
5. Courts of law exist to administer justice and in so doing they must of necessity balance between competing rights and interests of different parties but within the confines of the law, to ensure that the ends of justice are met.
6. This court would be acting without jurisdiction if it attempts to interfere with the trials in Meru Criminal Case No. E368 of 2023 and Meru Criminal Case No. E427 of 2023.
7. In the end, I find that the summons dated 26th January, 2024 is an abuse of the court process and it is dismissed.
DELIVERED AT MERU THIS 13TH DAY OF JUNE 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneApplicant - Present in personFor Respondent - Mr. Mwirigi Kaburu Advocate