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Kenya decisions
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Republic v Muriuki & 3 others [2025] KEHC 9374 (KLR)
The High Court quashed a magistrate’s acquittal entered under section 202 CPC, finding no inquiry was made into notice of the complainant’s hearing date and venue.
Bushebi v Director of Public Prosecution & 3 others; Nyambura (Interested Party) [2025] KEHC 8300 (KLR)
The Court found that the criminal proceedings against the Petitioner were initiated following a legitimate complaint of fraud, supported by detailed investigations and corroborated evidence of financial misappropriation and asset acquisition. The Petitioner failed to demonstrate that the prosecution was malicious, lacked factual foundation, or was instituted for an ulterior purpose. The Court held that the DPP and police acted within their constitutional and statutory mandates, and that the existence of concurrent civil proceedings did not render the criminal process abusive or unconstitution…
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Musembi & 2 others v Chief Magistrate Court, Milimani Law Courts & 12 others; Owino & 5 others (Interested Parties) [2025] KEELC 4242 (KLR)
The court found that the prosecution of the Petitioners in Nairobi Criminal Case No. E1264 of 2021 and E289 of 2023 was instituted in circumstances where there were unresolved and contradictory findings from DCI investigations regarding the ownership of the disputed land. The criminal charges appeared to be motivated by an ulterior purpose—specifically, to pressure the Petitioners to settle the balance of a purchase price in a pending civil dispute—rather than to vindicate the criminal law. The Director of Public Prosecutions failed to adequately consider the unresolved issues of company dire…
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Republic v Director of Public Prosecutions; Mururu (Exparte Applicant) [2025] KEHC 7397 (KLR)
The court held that while the DPP's decision to prosecute is amenable to judicial review, the applicant failed to demonstrate any abuse of process, illegality, irrationality, or bad faith in the prosecution. The existence of a civil dispute over land ownership did not preclude criminal proceedings, especially where there was evidence of alleged fraud and improper alteration of company and land records. The applicant's failure to join necessary parties, such as the DCI, co-accused, and the trial court, rendered the application procedurally defective. The court found no evidence that the prosec…
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Hassan v Directorate of Criminal Investigations & 2 others [2025] KEHC 7266 (KLR)
The High Court dismissed a petition seeking to stop a criminal prosecution over a disputed land lease, holding that no abuse of process or fair-trial violation was shown.
Kibii (Suing as the Legal Representative of the Estate of the Late Kibii Boiyo) v Agricultural Developent Corporation & others; Ethics and Anti-Corruption Commission & another (Interested Parties) [2025] KEELC 3667 (KLR)
The Environment and Land Court at Kitale dismissed a motion seeking to bar EACC investigations and possible prosecution over disputed land, holding it lacked jurisdiction.
Kering v Inspector General of Police & another; Langat (Interested Party) [2025] KEHC 4913 (KLR)
The High Court dismissed a petition challenging an anticipated prosecution, holding that the petitioner had not shown abuse of process or a rights violation.
Aperera v Officer Commanding Langata Police Station & 2 others; Maina (Interested Party) [2025] KEHC 4472 (KLR)
The court has jurisdiction to interfere with the decision to institute criminal proceedings where such proceedings are an abuse of the legal process, are used for ulterior motives to settle civil disputes or harass a party, and the investigating authorities fail to act independently and impartially.
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Republic v Director of Public Prosecutions; CMM (Exparte Applicant) [2025] KEHC 4532 (KLR)
The High Court granted leave for judicial review but refused a stay of prosecution in a challenge to forgery and uttering charges linked to a land dispute.
Diamond Housing Limited & another v Director of Public Prosecutions & 4 others; Irungu (Interested Party) [2025] KEHC 3957 (KLR)
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.
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