This matter came up before this court for further directions. The advocate for the Applicant informed this court that pursuant to the Ruling delivered by this court dismissing the Revision application challenging the applicants’ prosecution, the applicant on behalf of the company in whose name the property in dispute was registered, surrendered the title that was the foundational document to the charges for cancellation by the Chief Land Registrar.
Counsel also confirmed that the information about the surrender was communicated to the DPP and the DCI.
The applicant is also said to have sworn an affidavit to that effect and the same had been shared with the DPP and the DCI.
The state through Ms Ogega Prosecution Counsel confirmed that such correspondence has reached them and they need time to verify from the Lands Ministry whether the cancellation has been done.
The matter in the lower court was registered and plea has not yet been taken.
The new information given to the court aligns with the spirit and letter of Article 159 (2) (d) of the Constitution on alternative justice mechanisms or alternative dispute resolution. The applicants appear to have chosen that as the path to follow.
The essence of Article 159 (2) (d) of the Constitution is to ensure that the courts are not inundated with matters that could easily be resolved outside the formal court process.
The parties, once they mutually consent to such a process, the court should not stand in their way in the pursuit of Justice.
The DPP under Article 157 (11) of the Constitution is enjoined to ensure that in the engagement of the Criminal Justice System, the interests of the administration of justice are protected. The promotion of alternative justice dispute resolution mechanisms is a shared duty between the parties and the court.
Accordingly, further to the earlier ruling delivered by this court on 19 th January 2026, the parties are directed to appear by counsel before the lower court and inform the trial magistrate of this new development and indicate the path they have chosen in resolving the matter.
The court will then hear them regarding the mode of exit from the criminal justice process. The court in line with the Social Transformation Through Access to Justice (STAJ) blue print encourages the amicable settlement of disputes. This is a classic case of such application thus the trial court should allow counsel to make their representation before it and appropriate orders be made.
It is so ordered.
This Revision file is hereby ordered closed.
Nairobi High Court Misc. Appl No. E 211 of 2025 – Margaret Wairimu Magugu –vs DPP & ano. 1
Counsel also confirmed that the information about the surrender was communicated to the DPP and the DCI.
The applicant is also said to have sworn an affidavit to that effect and the same had been shared with the DPP and the DCI.
The state through Ms Ogega Prosecution Counsel confirmed that such correspondence has reached them and they need time to verify from the Lands Ministry whether the cancellation has been done.
The matter in the lower court was registered and plea has not yet been taken.
The new information given to the court aligns with the spirit and letter of Article 159 (2) (d) of the Constitution on alternative justice mechanisms or alternative dispute resolution. The applicants appear to have chosen that as the path to follow.
The essence of Article 159 (2) (d) of the Constitution is to ensure that the courts are not inundated with matters that could easily be resolved outside the formal court process.
The parties, once they mutually consent to such a process, the court should not stand in their way in the pursuit of Justice.
The DPP under Article 157 (11) of the Constitution is enjoined to ensure that in the engagement of the Criminal Justice System, the interests of the administration of justice are protected. The promotion of alternative justice dispute resolution mechanisms is a shared duty between the parties and the court.
Accordingly, further to the earlier ruling delivered by this court on 19 th January 2026, the parties are directed to appear by counsel before the lower court and inform the trial magistrate of this new development and indicate the path they have chosen in resolving the matter.
The court will then hear them regarding the mode of exit from the criminal justice process. The court in line with the Social Transformation Through Access to Justice (STAJ) blue print encourages the amicable settlement of disputes. This is a classic case of such application thus the trial court should allow counsel to make their representation before it and appropriate orders be made.
It is so ordered.
This Revision file is hereby ordered closed.
Nairobi High Court Misc. Appl No. E 211 of 2025 – Margaret Wairimu Magugu –vs DPP & ano. 1