“"criminal process"” — court decisions

Judgment[2003] KEHC 97731 August 2003

Republic v Commissioner of Police Ex parte Tarus t/a Tarus & Company Advocates

High Court at Mombasajudge bench High CourtCase number Miscellaneous Civil Case 476 of 2003

Division and case type: CivilCivil Case

…It is clear then that the client is using the process of criminal law to enforce payment to him by his advocate of the funds paid to the advocate in settlement of the clients case.…

…The facts of this case which are not disputed show clearly that the client is using the criminal process to compel the advocate to give up his entitlement to his fees and waive his lien on the amount in question.…

8 min read

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

Division and case type: CriminalCriminal Appeal

…We would ourselves emphatically assert that ex-parte orders have very little room in the criminal process, unless of course, they are made for the benefit of the person accused.…