Search court decisions

…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.…

…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”.…

…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 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…

…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…

…A close reading of Section 89 of the Criminal Procedure Code (CPC) which deals with the institution of criminal proceedings shows clearly that a complaint can be made either orally or in writing and that it is a complaint…

…The Article 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 court (other than…

…case is in accordance with the provisions of Section 88 subsection 3 of the Kenya Police Service Act No. 11A of 2011, which provides that a police officer who commits a criminal offence against the law shall be liable to criminal…

…proceedings in a court of law. iii.…

…The Respondent maintains that the complaints raised by the Appellant during the criminal trial arose from the succession dispute and are therefore collateral to the criminal proceedings. 11.…

…Article 157(6) of the Constitution of Kenya vests State prosecutorial powers in the Director of Public Prosecutions (DPP), including the power to institute and undertake criminal proceedings.…

…Section 87(a) of the Criminal Procedure Code permits the Director of Public Prosecutions, with the permission of the court, to discontinue criminal proceedings before judgment. 45.…

…The Court is satisfied that the dispute was genuine and not merely manufactured for purposes of the criminal proceedings. 77.…

…Competency of parties and spouses. (1) In civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. (2) In criminal proceedings every person charged with an…

…except upon the application of the person charged; (iii) the failure of the person charged (or of the wife or husband of that person) to give evidence shall not be made the subject of any comment by the prosecution. (3) In criminal…

…Counsel relied on In re Winship 397 U.S. 358 (1970), where the United States Supreme Court underscored the importance of proof beyond reasonable doubt in criminal proceedings as a safeguard against wrongful convictions.…

…In the circumstances of this appeal, the prosecution evidence did not attain the threshold of proof beyond reasonable doubt required in criminal proceedings.…

…Concerning the damage, the Appellant submits that the prosecution failed to discharge the burden of proof as required in criminal proceedings and that the conviction was therefore unsafe. 14.…

…From the totality of the evidence placed before the trial court, and upon my own independent re-evaluation thereof, I am satisfied that the prosecution discharged the burden of proof required in criminal proceedings.…