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