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…The pendency of civil proceedings, of itself, does not bar criminal proceedings.…

…However, in certain circumstances, depending on the pleadings in either matter, it may be imprudent to initiate criminal proceedings, if the issues raised in the criminal proceedings are likely to compromise or embarrass…

…That pending the hearing and determination of this appeal, there be a stay of further proceedings in Criminal Case No. MCCC/E894 of 2023, Mombasa. 2.…

…In Kenya, the standard of proof for granting a stay in criminal proceedings is high: the applicant must show a strong prima facie case, real risk of prejudice, and public interest considerations.…

…proceedings were justified; (3)the defendant must have acted maliciously in that he must have acted, in instituting criminal proceedings, with an improper and wrongful motive, that is, with an intent to use the legal process…

…In other words, the damage results at a stage when the criminal proceedings came to an end in his favour, whether finally or not.…

…The Respondent argued that the appellant by way of the application sought to be the investigator, witness and prosecutor by relying on his own documents to institute criminal proceedings. 40.…

…proceedings.” 61.…

…It was stated in that case that: - “the tort of malicious prosecution is committed where there is no legal reason for instituting criminal proceedings.…

…proceedings were justified. (3) The Defendant must have acted maliciously in that he must have acted, in instituting criminal proceedings, with an improper and wrongful, that is, with an intent to use the legal process in…

…Article 157(6) of the Constitution provides as follows; The Director of Public Prosecutions shall exercise State powers of prosecution and may— (a) institute and undertake criminal proceedings against any person before any…

…It is also worth-noting that in providing for the mandate of the DPP in Article 157, the Constitution uses the phrase “criminal proceedings”.…

…During the pendency of the criminal proceedings, the Plaintiff and her co-accused filed, separately, constitutional petitions before the High Court at the-Constitutional and Human Rights Division, seeking to challenge and…

…The 3 rd Defendant, on the other hand, has maintained that the cause of action accrued upon termination of the criminal proceedings on 27 th May 2014. I have read the authorities relied on in the oral arguments.…

…Article 157(6) of the Constitution provides as follows; The Director of Public Prosecutions shall exercise State powers of prosecution and may— (a) institute and undertake criminal proceedings against any person before any…

…It is also worth-noting that in providing for the mandate of the DPP in Article 157, the Constitution uses the phrase “criminal proceedings”.…

…The victim has become a necessary party in criminal proceedings such that whenever interests are at stake, the court has a duty to record and consider the victim’s views. 33.…

…In that case criminal proceedings had been instituted and were parallel with civil proceedings.…

…The gist of the Plaintiff’s case, as pleaded, is that on 6th May 2013, the Defendant instituted malicious criminal proceedings against him and Remax Construction Company Limited in Criminal Case No. 143 of 2013, Republic…

…He confirmed that he had produced his badge during the criminal proceedings and indicated that he would do so again in this suit. 16.…

…The Applicant contends that the impugned judgment was delivered after the conclusion of the criminal proceedings before the trial court and was therefore unavailable at the time of the trial.…

…The proposed evidence arises from proceedings between the same parties and relates to the same road traffic accident which forms the basis of the criminal proceedings now on appeal.…

…Article 157 of the Constitution establishes the Office of the Director of Public Prosecutions and confers upon the DPP the power to institute and undertake criminal proceedings. 15.…

…Article 157(6) provides: “ The Director of Public Prosecutions shall exercise State powers of prosecution and may institute and undertake criminal proceedings against any person before any court…” 16.…

…[iii] Stay of further proceedings in Kapsabet Criminal Case No. 233 of 2025 pending the hearing and determination for the application inter-parties i.e. prayer 4 and [iv] Stay of further proceedings in Kapsabet Criminal Case…

…, on an application to stay criminal proceedings, it is not for this court to make a final determination; we only need to be satisfied that a sole bona fide contention is not unarguable or frivolous." 12.…

…Analysis and Determination The law guiding stay of criminal proceedings in our jurisdiction can now be said to be well settled.…

…This must be so because as was held in Goddy Mwakio & Another – Versus - Republic [2011] eKLR wherein the Court of Appeal stated that: “An order for stay of proceedings, particularly stay of criminal proceedings is made sparingly…

…Under Article 157 of the Constitution of Kenya, 2010, the Director of Public Prosecutions (DPP) has the exclusive constitutional mandate to institute and conduct criminal proceedings against any person.…

…proceedings are concluded; and (iv) potentially rendering the criminal investigation nugatory.…

…The 2 nd Defendant has denied any attribution on the particulars of malice, loss and damage allegedly suffered by the Plaintiff and has averred that the criminal proceedings lodged against the Plaintiff were justified and…

…That the funds were ultimately refunded to the third party but not through the Plaintiff and that she did not participate in the criminal proceedings against the Plaintiff. 29.…

…Firstly, it must be shown that there was either a legal reason for instituting criminal proceedings nor was the prosecution for public benefit but rather for personal and spiteful reasons.…

…The plaintiff did not, however, call evidence to show that the criminal proceedings were ill motivated. The circumstances leading to the loss of the tyre excited suspicion against him as the thief.…

…Specifically, they rely on recently obtained certified criminal proceedings which, they contend, reveal material omissions, contradictions, and procedural defects that strike at the root of the Court's previous findings.…

…The Applicants depose that during the said criminal proceedings, key concessions were made by witnesses designated as PW6 and PW9.…

…Transmara/Ololchani/237, and that the title relied upon during the criminal proceedings has since been cancelled.…

…It was argued that following the implementation of that judgment, the appellants were issued with a title deed for Parcel No. 237, and the title deed relied upon by the complainant in the criminal proceedings was cancelled…