Kenya Case Law

Diamond Housing Limited & another v Director of Public Prosecutions & 4 others; Irungu (Interested Party)

Diamond Housing Limited & another v Director of Public Prosecutions & 4 others; Irungu (Interested Party) [2025] KEHC 3957 (KLR)

Court

High Court

Case number

Constitutional Petition E044 of 2024

Judge

J Ngaah

The High Court quashed an intended prosecution, holding it was being used to pressure the petitioners to settle a contractual debt and was an abuse of prosecutorial power.

• Abuse Of Prosecutorial Discretion
• Concurrent Civil And Criminal Proceedings
• Judicial Review Of Prosecution
• Money Laundering Offences
• Obtaining By False Pretences
• Enforcement Of Contractual Obligations

Murunga v Director of Public Prosecutions & 2 others; Watilili (Interested Party)

Murunga v Director of Public Prosecutions & 2 others; Watilili (Interested Party) [2024] KEHC 14103 (KLR)

Court

High Court

Case number

Constitutional Petition E010 of 2023

Judge

AC Mrima

The Court found that the prosecution of the Petitioner was initiated and sanctioned in circumstances where there was an ongoing civil dispute over the ownership of the Ministry and its certificate, with conflicting claims and evidence already before the civil court. The DPP failed to have due regard to public interest, the interests of justice, and the need to prevent abuse of legal process as required by Article 157(11) of the Constitution. The police did not conduct proper and independent investigations, and the DPP's decision to prosecute was made despite being aware of the unresolved civi…

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• Abuse Of Prosecutorial Discretion
• Fair Trial Rights
• Parallel Civil And Criminal Proceedings
• Judicial Review Of Prosecution

Butende v Office of Director of Public Prosecutions & 3 others; Mua & 2 others (Interested Parties)

Butende v Office of Director of Public Prosecutions & 3 others; Mua & 2 others (Interested Parties) [2024] KEHC 8669 (KLR)

Court

High Court

Case number

Petition E052 of 2023

Judge

OA Sewe

The High Court declined to stay a pending theft prosecution, holding that the petitioner had not shown exceptional grounds for conservatory relief.

• Conservatory Orders
• Stay Of Criminal Proceedings
• Abuse Of Prosecutorial Discretion
• Fair Trial Rights
• Conservatory-orders
• Stay-of-criminal-proceedings

Ogada v Republic

Ogada v Republic [2023] KEHC 25308 (KLR)

Court

High Court

Case number

Criminal Appeal E040 of 2021

Judge

DKN Magare

The High Court allowed the appeal against a conviction for threatening to kill, finding the evidence inconsistent, unsupported by the charge, and tainted by a land dispute.

• Threats To Kill
• Malicious Prosecution
• Abuse Of Prosecutorial Discretion
• Land Disputes
• Evidence Contradictions
• Selective Prosecution

Jirongo v Soy Developers Ltd & 9 others

Jirongo v Soy Developers Ltd & 9 others [2021] KESC 32 (KLR)

Court

Supreme Court

Case number

Petition 38 of 2019

Judges

PM Mwilu, MK Ibrahim, SC Wanjala, N Ndungu, I Lenaola

The Supreme Court held that while there is no statutory limitation period for instituting criminal proceedings, the effect of a 24-year delay—particularly where crucial documentation is missing and both parties admit to unresolved issues in parallel civil proceedings—fatally prejudices the accused's right to a fair trial as protected by Articles 25(c) and 50 of the Constitution. The Court found that the criminal process was being misused to force the appellant's hand in a civil dispute, amounting to an abuse of prosecutorial discretion and legal process. The High Court was correct to interven…

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• Right To Fair Trial
• Delay In Criminal Prosecution
• Abuse Of Prosecutorial Discretion
• Concurrent Civil And Criminal Proceedings
• Judicial Review Of Dpp Powers
• Commercial Transaction Disputes

Paul Kimutai Langat & Richard Kipngeno Langat v Director of Public Prosecution & Chief Magistrate Court, Nakuru ; Josiah Njoroge Njuguna & S.L.M H Muhiah (Interested Parties)

Paul Kimutai Langat & Richard Kipngeno Langat v Director of Public Prosecution & Chief Magistrate Court, Nakuru ; Josiah Njoroge Njuguna & S.L.M H Muhiah (Interested Parties) [2020] KEHC 7723 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 43 of 2019

Judge

EM Ngugi

The court found no evidence that the DPP's decision to charge the applicants was irrational, malicious, or an abuse of prosecutorial discretion. The applicants' claims of malice and improper motive were unsupported by the facts and documents presented. The DPP acted within constitutional and statutory powers after investigations by the Directorate of Criminal Investigations, and the applicants will have the opportunity to defend themselves in the criminal trial. The High Court should not intervene in the absence of clear evidence of abuse of process or improper purpose. Therefore, the applica…

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• Abuse Of Prosecutorial Discretion
• Forgery Of Land Documents
• Judicial Review Of Dpp
• False Information To Public Officer
• Land Registration Fraud

Peter Manyuru & Stephen Onsembe Machoka v Director of Public Prosecutions & OCS Embakasi Police Station; Victor Mose Birundu (Interested Party)

Peter Manyuru & Stephen Onsembe Machoka v Director of Public Prosecutions & OCS Embakasi Police Station; Victor Mose Birundu (Interested Party) [2018] KEHC 1023 (KLR)

Court

High Court

Case number

Constitutional Petition 400 of 2017

Judge

EC Mwita

The court found that the petitioners failed to demonstrate any violation of their constitutional rights or that the prosecution was motivated by malice, bad faith, or an ulterior motive. The evidence showed that the petitioners were charged with malicious damage to property following a police investigation into the demolition of a perimeter wall on disputed land. The petitioners admitted to stopping the interested party but did not deny the demolition. The court held that the DPP acted within his constitutional mandate under Article 157, and there was no evidence of selective or malicious pro…

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• Abuse Of Prosecutorial Discretion
• Malicious Prosecution
• Right To Fair Trial
• Land Ownership Disputes
• Selective Prosecution
• Constitutional Rights Enforcement

Eliakim Okumu Ogenga, Moses Torotich Kirui, Judy Chepkoech Ngetich v Director of Public Prosecutions , Inspector-General of the Kenya Police Service, District Criminal Investigations officer Msa County & Urban Police Station, Mombasa

Eliakim Okumu Ogenga, Moses Torotich Kirui, Judy Chepkoech Ngetich v Director of Public Prosecutions , Inspector-General of the Kenya Police Service, District Criminal Investigations officer Msa County & Urban Police Station, Mombasa [2016] KEHC 1940 (KLR)

Court

High Court

Case number

Petition 53 of 2016

The High Court dismissed a constitutional motion challenging renewed prosecution after earlier withdrawal of similar charges, holding the issue lay with the trial court.

• Right To Fair Administrative Action
• Abuse Of Prosecutorial Discretion
• Withdrawal And Reinstatement Of Charges
• Malice In Prosecution
• Criminal-procedure
• Prosecutorial-discretion

Republic v Director of Public Prosecutions, Chief Magistrates’s Court Kibera Law Court Nairobi & Commissioner of Lands ex-parte Joseph Gathuku Kamuiru & Mary Njeri Njuku

Republic v Director of Public Prosecutions, Chief Magistrates’s Court Kibera Law Court Nairobi & Commissioner of Lands ex-parte Joseph Gathuku Kamuiru & Mary Njeri Njuku [2014] KEHC 8432 (KLR)

Court

High Court

Case number

Judicial Review 398 of 2013

The court found that the prosecution of the applicants was commenced in bad faith and amounted to an abuse of the court process. The foundation of the criminal case was the alleged forgery of the former Commissioner of Lands' signature, but both the Commissioner and the handwriting expert confirmed the signatures were genuine, undermining the prosecution's case. The investigating officer's recommendation that the disputed land be allocated to a party involved in the civil dispute demonstrated ulterior motive and improper use of the criminal process to influence the outcome of civil litigation…

Source excerpt

• Abuse Of Prosecutorial Discretion
• Judicial Review Of Prosecution
• Land Title Forgery
• Civil Vs Criminal Proceedings
• Bad Faith Prosecution