[2018] KEHC 9230 (KLR)
The High Court held that it is not the proper forum for an application seeking leave to file a private criminal prosecution. Such applications must be filed before a magistrate's court. The applicant, upon being advised by the court, agreed to withdraw the application and pursue the matter in the appropriate forum....
Source-derived case information.
- Citation
- [2018] KEHC 9230 (KLR)
- Parties
- Appellant: Michael Mungai; Respondent: Housing Finance Co (K) Ltd; Respondent: Kenya Building So./CEO HF Group; Respondent: David Wanderi; Respondent: Christopher Avisa & 2 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 196 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Application
- Outcome
- application withdrawn
- Legal Topics
- Private Prosecution, Leave to Institute Proceedings, Jurisdiction of Magistrates Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Mungai
Appellant
Housing Finance Co (K) Ltd
Respondent
Kenya Building So./CEO HF Group
Respondent
David Wanderi
Respondent
Christopher Avisa & 2 Others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the High Court is the proper forum to grant leave for private criminal prosecution.
- 2 Whether the applicant should file the application for private prosecution in the magistrate's court.
Ratio Decidendi
The High Court held that it is not the proper forum for an application seeking leave to file a private criminal prosecution. Such applications must be filed before a magistrate's court. The applicant, upon being advised by the court, agreed to withdraw the application and pursue the matter in the appropriate forum. The court therefore marked the application as withdrawn with no orders as to costs, and granted the applicant the right to retrieve bulky exhibits under supervision, while the main pleadings remain on record.
Court Disposition
application withdrawn
Orders
- The application is marked as withdrawn with no orders as to costs.
- The applicant is granted the right to have the bulky exhibits released to him under the supervision of the Deputy Registrar.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. APP. NO. 196 OF 2018 & 64 of 2017.
MICHAEL MUNGAI...................................................APPELLANT
VERSUS
HOUSING FINANCE CO (K) LTD.................1ST RESPONDENT
KENYA BUILDING SO./CEO HF GROUP....2ND RESPONDENT
DAVID WANDERI.............................................3RD RESPONDENT
CHRISTOPHER AVISA & 2 OTHERS..........4TH RESPONDENT
RULING
Clearly the Applicant seeks leave to file a private criminal prosecution against the Respondents. That application must be filed in a magistrate’s court. The Applicant has accordingly agreed with this court’s advice to go to the magistrates’ court to file the application. Accordingly, this application is marked as withdrawn with no orders as to costs.
Owing to the bulkiness of the exhibits annexed to the application, I grant the Applicant the right to have them released to him under the supervision of the Deputy Registrar of this court. The main pleadings must however remain on record.
DATED and DELIVERED this 30th day ofMay, 2018.
G.W. NGENYE-MACHARIA
JUDGE