Kinuthia & 3 others v Republic (Criminal Appeal E021 of 2025) [2026] KEHC 5640 (KLR) (Anti-Corruption and Economic Crimes) (29 April 2026) (Judgment)

Kinuthia & 3 others v Republic (Criminal Appeal E021 of 2025) [2026] KEHC 5640 (KLR) (Anti-Corruption and Economic Crimes) (29 April 2026) (Judgment)

The trial court erred in law and fact by refusing withdrawal of charges against the appellants based on misconstrued conspiracy and common intention, improperly allowed EACC to participate without locus standi, and violated prosecutorial discretion and constitutional rights. Withdrawal of charges is a constitutionally recognised power of the ODPP, subject to judicial oversight, and does not automatically collapse the case against remaining accused. No evidence of bad faith or abuse of process was found.

Citation
[2026] KEHC 5640 (KLR)
Parties
1st Appellant: Desmond Irungu Kinuthia; 2nd Appellant: Nelson Karanja Kinuthia; 3rd Appellant: Enkei Holdings Limited; 4th Appellant: Annette Mwangi; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
29 April 2026
Case Number
Criminal Appeal E021 of 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Prosecutorial Discretion, Withdrawal of Charges, Locus Standi, Conspiracy, Common Intention, Victim Protection, Fair Trial, Abuse of Process
Source Language
English
Criminal Law Constitutional Law Anti Corruption Law Prosecutorial Discretion Withdrawal of Charges Locus Standi Conspiracy Common Intention +3 more

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Parties

Desmond Irungu Kinuthia

1st Appellant

Nelson Karanja Kinuthia

2nd Appellant

Enkei Holdings Limited

3rd Appellant

Annette Mwangi

4th Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in declining withdrawal of charges against the appellants based on conspiracy and common intention
  2. 2 Whether EACC had locus standi to oppose the DPP's application to withdraw charges
  3. 3 Whether the refusal to withdraw charges violated prosecutorial discretion and constitutional rights

Ratio Decidendi

The trial court erred in law and fact by refusing withdrawal of charges against the appellants based on misconstrued conspiracy and common intention, improperly allowed EACC to participate without locus standi, and violated prosecutorial discretion and constitutional rights. Withdrawal of charges is a constitutionally recognised power of the ODPP, subject to judicial oversight, and does not automatically collapse the case against remaining accused. No evidence of bad faith or abuse of process was found.

Court Disposition

Appeal allowed

Orders

  • Order refusing withdrawal of charges against the appellants is set aside and substituted with an order allowing the DPP to withdraw the charges.
  • Each party to bear its own costs.