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…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.…

…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.…

…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.…

…proceedings.…

…The 1st Defendant submitted that it is not in dispute that criminal charges were preferred against the Plaintiff and that the criminal proceedings terminated in his favour, the said proceedings were instituted on the basis…

…The Defendant herein has filed the instant application on the basis that due to the fact that criminal proceedings against her were terminated then the instant cause of action pegged on what plaintiff call the doctrine of…

…First, the substance of the present suit being the misappropriation of funds at the 1st Respondent which was directly and substantially in issue in the criminal proceedings in Nakuru Anti-corruption case No.…

…She contends that the 1st Defendant cannot feign ignorance, as he was served, attended the settlement meeting, and confessed to selling them the land during the criminal proceedings.…

…Citing Oraro v Mbaja [2005| 1KLR 141, the 1st Defendant further argues that issues regarding substituted service and criminal proceedings are not pure legal issues and demand evidentiary proof.…

…proceedings to compromise pending civil proceedings, then section 193A of the Criminal Procedure Code cannot be invoked to aid that unlawful course of action.…

…Criminal proceedings, whether accompanied by civil proceedings or not, cannot and should never be used in the manner that the 2nd and 3rd respondents have done.…

…The other issues raised concerning the withdrawn criminal proceedings and/or of existence of a prior/different civil suit against all or some of the defendants, arose from a different cause of action unrelated to this suit…

…The ODPP’s decisions to withdraw the criminal proceedings against the applicant too, had no bearing on their civil mandate to file asset recovery suits and Section 193 of the Criminal procedure Code also expressly provided…

…Civil contempt proceedings are quasi-criminal proceedings.…

…hearing de novo, is that the plaintiff lacks locus standi to prosecute this suit, having relied on an incompetent grant from a court without jurisdiction, given the value of the suit property as disclosed in other pending criminal…

…proceedings, which places the suit property well beyond the monetary jurisdiction of the Magistrates Court. 10.…

…It appears to me that the applicant was using contempt proceedings which are quasi-criminal proceedings for purposes of executing the decree in this matter. This in my view is improper.…

…He further stated that it was not the mandate of the 1st defendant to initiate criminal proceedings. 16.…

…The Kenya Revenue Authority, upon taking custody of the sugar, and upon having criminal proceedings commenced against the owner, ought to have taken steps to secure its preservation.…

…That the criminal proceedings were ongoing and scheduled on 20/2/24. That he had not yet given evidence in the said proceedings.…

…On being read the charges in the criminal proceedings all he could state was that the proceedings were ongoing though he was not a witness.…

…Charles Lutta Kasamani had not fulfilled the aforesaid conditions and still stands struck off and that his purported practice of law should be subject to Criminal Proceedings.…

…Contempt proceedings are quasi-criminal proceedings and the standard of proof is slightly higher than the standard of proof required in ordinary civil cases of a balance of probabilities, although the same is lower than the…

…Contempt of court are quasi criminal proceedings that should be brought against the person in office but not the office. From the foregoing, the application for contempt has no merit.…