[2015] KEHC 4752 (KLR)
The court held that the mere existence of investigations does not, in itself, constitute a violation of constitutional rights such as fair administrative action or protection from double jeopardy. The court emphasized that the values of crime detection, prevention, and control are recognized by the Constitution and...
Source-derived case information.
- Citation
- [2015] KEHC 4752 (KLR)
- Parties
- Applicant: New Generation Self Service Stores Limited; Applicant: Stephen Ngige Kaheni; Respondent: Director of Public Prosecutions; Respondent: District C.I.D. Officer; Respondent: Urban CID, Mombasa; Interested Party: Atta (Kenya) Limited; Interested Party: Premier Cookes Limited; Interested Party: Premier Flour Mills Ltd.
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 80 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Conservatory Orders
- Outcome
- Application for conservatory orders declined.
- Judges
- MJA Emukule
- Legal Topics
- Fair Administrative Action, Double Jeopardy, Conservatory Orders, Criminal Investigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
New Generation Self Service Stores Limited
Applicant
Stephen Ngige Kaheni
Applicant
Director of Public Prosecutions
Respondent
District C.I.D. Officer
Respondent
Urban CID, Mombasa
Respondent
Atta (Kenya) Limited
Interested Party
Premier Cookes Limited
Interested Party
Premier Flour Mills Ltd.
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Conservatory Orders
Legal Issues
- 1 Whether the petitioners are entitled to conservatory orders restraining investigations against them on grounds of violation of constitutional rights.
- 2 Whether the alleged investigations amount to double jeopardy or violation of fair administrative action.
Ratio Decidendi
The court held that the mere existence of investigations does not, in itself, constitute a violation of constitutional rights such as fair administrative action or protection from double jeopardy. The court emphasized that the values of crime detection, prevention, and control are recognized by the Constitution and must be weighed against any alleged violation of due process. In the absence of clear evidence that the investigations are being conducted in bad faith or in violation of the petitioners' rights, the court declined to grant conservatory orders restraining the respondents from carrying out their investigative mandate. The court found no sufficient basis to interfere with the...
Court Disposition
Application for conservatory orders declined.
Orders
- No conservatory orders are granted against investigations in these matters.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
PETITION NO. 80 OF 2012
IN THE MATTER OF: ARTICLE 22, ARTICLE 28, ARTICLE 47, ARTICLE 50, ARTICLE 157 AND ARTICLE 165(3) OF THE CONSTITUTION OF KENYA AND THE (SUPERVISORY JURISDICTION AND PROTECTION OF THE INDIVIDUAL) HIGH COURT PRACTICE AND PROCEDURE RULES, 2006
IN THE MATTER OF: ALLEGED CONTRAVENTION OF FUNDMENTAL RIGHT AND FREEDOM UNDER ARTICLE 22, ARTICLE 28 AND ARTICLE 47 OF THE CONSTITUTION REGARDING, RIGHT TO FAIR ADMINISTRATIVE ACTION AND FREEDOM FROM INHUMAN TREATMENT RELATING TO THE PETITIONER BEING PLACED IN DOUBLE JEOPARDY
IN THE MATTER OF:
MSA HCCC NO. 11 OF 2012
PREMIER COOKES LTD. VS. NEW GENERATION SELF SERVICE STORES LTD.
MSA HCCC NO. 12 OF 2012
PREMIER FLOUR MILLS LTD. VS. NEW GENERATION SELF SERVICE STORES LTD.
MSA HCCC NO. 115 OF 2012
ATTA KENYA LTD. VS. NEW GENERATION SELF SERVICE STORES LTD.
MSA HCCC NO. 119 OF 2012
PREMIER FLOUR MILLS LTD. VS. NEW GENERATION SELF SERVICE STORES LTD.
BETWEEN
1. NEW GENERATION SELF SERVICE STORES LIMITED
2. STEPHEN NGIGE KAHENI…………………………PETITIONERS
AND
1. DIRECTOR OF PUBLIC PROSECUTIONS
2. DISTRICT C.I.D. OFFICER
3. URBAND CID, MOMBASA………….…………..….RESPONDENTS
AND
1. ATTA (KENYA) LIMITED
2. PREMIER COOKES LIMITED
3. PREMIER FLOUR MILLS LTD………..INTERESTED PARTIES
RULING
1. The Ruling by Muriithi J. in D. J. Lowe & Company Limited concerned maintaining the status quo of a property, and not investigation whether an offence had been committed or not.
2. I adopt the language of Nyamu J. in the case of Francis Mburu Mungai vs. Director of Criminal Investigations & Another cited in the Ruling of Maureen Odero J. that:-
“detection, prevention and control of crime are values recognized by the Constitution and the court has a duty to weigh these values against any alleged violation of due process and in ascertaining whether the principle of legality is in place so as to justify any derogation.”
3. For those reasons, I decline the extension or imposition of any conservatory orders against any investigations in these matters.
Dated, Signed and Delivered in Mombasa this 15th day of May, 2015
M. J. ANYARA EMUKULE
JUDGE