Kenya Case Law

Republic v Siatah

Republic v Siatah [2025] KEHC 6023 (KLR)

Court

High Court

Case number

Criminal Case E040 of 2021

Judge

JR Karanja

The court found that while the Director of Public Prosecutions has constitutional power to discontinue criminal proceedings by entering a nolle prosequi, this power is not absolute and must be exercised in accordance with the interests of justice, public interest, and the rights of the accused. In this case, the prosecution's application was motivated by convenience and the inability to secure witnesses, rather than genuine public interest or justice. The court determined that allowing the nolle prosequi after prolonged delays and lack of diligent prosecution would amount to an abuse of the c…

Source excerpt

• Nolle Prosequi
• Withdrawal Of Proceedings
• Constitutional Rights
• Abuse Of Process

Dock Workers Union & another v Portside Freight Terminals Limited & 10 others

Dock Workers Union & another v Portside Freight Terminals Limited & 10 others [2024] KESC 66 (KLR)

Court

Supreme Court

Case number

Petition (Application) E010 of 2024

Judges

PM Mwilu, MK Ibrahim, SC Wanjala, I Lenaola, W Ouko

The Supreme Court allowed the Dock Workers Union to withdraw Petition E010 of 2024 and made no order as to costs, leaving the related petition pending.

• Withdrawal Of Proceedings
• Costs Award
• Leave Of Court
• Joinder Of Parties
• Withdrawal-of-proceedings
• Costs-award

Mogonchi v Ombiro & another

Mogonchi v Ombiro & another [2024] KEHC 2588 (KLR)

Court

High Court

Case number

Criminal Appeal E004 of 2022

Judge

TA Odera

The High Court found that the trial magistrate erred in relying on the Private Prosecution Bill 2017, which was not law, to dismiss the appellant's application for leave to commence private prosecution. However, the court held that the appellant failed to provide essential evidence of ownership of the land in question, as no title deed or ownership documents were attached to his application. The court further found that the appellant lacked locus standi to prosecute on behalf of the estate, as he was not the administrator. The DPP properly exercised discretion in withdrawing the case for insu…

Source excerpt

• Private Prosecution
• Trespass
• Malicious Damage To Property
• Locus Standi
• Withdrawal Of Proceedings

Nairobi City Council (Now being Nairobi City County Government) v Commissioner of Lands & 2 others

Nairobi City Council (Now being Nairobi City County Government) v Commissioner of Lands & 2 others [2022] KEELC 2454 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 5 of 2021

Judge

LC Komingoi

The Environment and Land Court set aside an unopposed notice of withdrawal and the resulting order, directing the matter to proceed to trial.

• Withdrawal Of Proceedings
• Setting Aside Orders
• Representation Of Parties
• Procedural Fairness
• Withdrawal-of-proceedings
• Setting-aside-orders

Rutere & 34 others v Muthithi Investment Limited & 3 others; Inspector General of Police & 3 others (Interested Parties)

Rutere & 34 others v Muthithi Investment Limited & 3 others; Inspector General of Police & 3 others (Interested Parties) [2022] KEELC 2442 (KLR)

Court

Environment and Land Court

Case number

Petition 21 of 2019

Judge

LC Komingoi

The Environment and Land Court set aside a notice of withdrawal and related orders, finding the application unopposed and meritorious, and directed the matter to proceed.

• Withdrawal Of Proceedings
• Setting Aside Orders
• Unopposed Applications
• Withdrawal-of-proceedings
• Setting-aside-orders
• Unopposed-application

Ndungu v Inspector General Of Police & Others

Ndungu v Inspector General Of Police & Others [2022] KEHC 11612 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E022 of 2022

Judge

AK Ndung'u

The High Court allowed the applicant to withdraw judicial review proceedings despite non-appearance on a court summons, holding that withdrawal could not be barred and awarding no costs.

• Judicial Review Procedure
• Withdrawal Of Proceedings
• Court Summons Compliance
• Judicial-review-procedure
• Withdrawal-of-proceedings
• Court-summons-compliance

Registered Trustees of Christ Co-Workers Fellowship v Kenya Railways Staff Retirement Benefits Scheme & Nairobi Railways Club

Registered Trustees of Christ Co-Workers Fellowship v Kenya Railways Staff Retirement Benefits Scheme & Nairobi Railways Club [2022] KEBPRT 48 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case 898 of 2016

After a consent withdrawal of the tenancy application, the Tribunal ordered each party to bear its own costs for the application and preliminary objection.

• Business Premises Tenancy
• Costs Award
• Withdrawal Of Proceedings
• Res Judicata
• Functus Officio
• Business-premises-tenancy

Waiguru & another v Karua & 2 others

Waiguru & another v Karua & 2 others [2021] KESC 38 (KLR)

Court

Supreme Court

Case number

Petition 5 of 2018

Judges

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

The Supreme Court held that Petition No. 5 of 2018 was fully determined in Petition No. 3 of 2019, allowed withdrawal-related relief, and ordered each party to bear its own costs.

• Res Judicata
• Withdrawal Of Proceedings
• Costs Award
• Jurisdiction Of High Court
• Application Of Repealed Rules
• Election Petition Timelines

Moses Indimuli Shaban & Heckles Okomba alias Josee alias Fredlick Afur v Republic

Moses Indimuli Shaban & Heckles Okomba alias Josee alias Fredlick Afur v Republic [2021] KEHC 5259 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 65 & 67 of 2018

Judge

BA Mitullah

The court found that the applicants' claim of double jeopardy was unfounded because the acquittals they relied upon had been reversed by the High Court on review. As a result, the bar against being retried for the same offence under section 138 of the Criminal Procedure Code and Article 50(1) of the Constitution did not apply. The court further noted that the applicants were properly charged afresh following the reversal of the acquittals and that there was no violation of their right to a fair trial. The applications to stay or withdraw the ongoing criminal proceedings were therefore dismiss…

Source excerpt

• Double Jeopardy
• Fair Trial Rights
• Withdrawal Of Proceedings
• Criminal Review
• Stay Of Proceedings

Office of the Director of Public Prosecution v Jackson Murithi Akwalu

Office of the Director of Public Prosecution v Jackson Murithi Akwalu [2020] KEHC 3759 (KLR)

Court

High Court

Case number

Criminal Revision 122 of 2020

Judge

BB Limo

The High Court found that the trial magistrate acted without jurisdiction and in contravention of the law by terminating the criminal proceedings suo moto under a non-existent Section 87A of the Criminal Procedure Code. The only lawful basis for withdrawal of criminal proceedings is upon application by the Director of Public Prosecution under Section 87, with the court's consent. Furthermore, the trial court's action violated explicit stay orders issued by the High Court in Constitutional Petition No. 7 of 2019, which barred any substantive action in the criminal case pending determination of…

Source excerpt

• Revisionary Jurisdiction
• Withdrawal Of Proceedings
• Stay Of Proceedings
• Powers Of Trial Court