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…’s counsel seeks for an interim conservatory order staying the taking of plea and prosecution of the 2 nd petitioner, submitting that her client has been charged at Mavoko Law courts, and that this court should stay the Criminal…

…prosecution because the 2 nd petitioner is challenging the investigations and hence, the charges levelled against him, it is important to note that Criminal Prosecution can only be instituted and the prosecution be mounted…

…Whether the decision to charge the applicant is an abuse of the DPP’s prosecution discretion Whether the dispute is civil in nature and therefore not amenable to criminal prosecution Whether the criminal charges violate the…

…The court noted that if a criminal prosecution is commenced without a proper factual foundation, it may be suspect for ulterior motives or improper purposes.…

…It is his case that halting the criminal prosecution would undermine the mandate of the Director of Public Prosecutions and the rule of law. 20.…

…It is his case that halting the criminal prosecution would undermine the mandate of the Director of Public Prosecutions and the rule of law. 36.…

…prosecution, he should in general be the only person who may, for good cause, recommence the trial process.…

…(7) The Attorney General’s authority in respect of criminal prosecutions is founded upon the Constitution and a challenge to this authority must be direct and can only be dealt with in the High Court. (8) The conduct of criminal…

…That the criminal prosecution has been brought in bad faith and abuse of court process.…

…It is for this reason that courts are called upon to exercise restraint before interfering with criminal investigations and prosecution.…

…The Inspector General of Police through the DCI equally has no basis in law to continue holding private property where there is no ongoing criminal prosecution or investigation.…

…The applicants claim that the criminal prosecution was being mounted against them for purposes of settlement of private commercial scores between the applicants and the interested party (who was nonetheless not enjoined to…

…that the application misapprehends the law on co-existence of civil and criminal proceedings as stipulated in section 193A of the Criminal procedure Code, which provides that the existence of a civil suit is not a bar to criminal…

…prosecution. 3.…

…The Ex parte Applicant’s Notice of motion seeks to prevent his prosecution for the criminal offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code in Kibera Magistrate’s Court Criminal Case…

…On the second limb of the Application, the applicants pray that the leave so granted do operate as stay of criminal prosecution against them until the substantive motion is heard and determined.…

…In the instant case, there are inquest proceedings which were being conducted before the Magistrate’s’ court, prior to the DPP intimating the intention to terminate them so as to proceed with criminal prosecution against…

…The Ex parte Applicant’s case is that the instigation of the criminal prosecution against the Interested Parties herein is a criminalization of a shareholder dispute between the 4 th Respondent Riyaz Punjani Muhamadali and…

…E894 of 2021-Punjani Riyaz Mahamadali v Shailesh Rai Kumar & Ranjeeta Pandey Rai is grounds to bar the prosecution of Criminal Case No. 604/2023 Republic v Shaillesh Kumar Rai & 4 Others by the 1 st Respondent is not based…

…prosecutions, it is clear that a civil action is as great, if not a greater, restriction than a criminal prosecution.…

…government without fear of civil as well as criminal prosecution.…

…by evidence but that apparently the judge did not take into account the effect of the words “account closed’ which appeared on all the cheques which words were defamatory of the appellant and would have subjected him to criminal…

…prosecution.…

…Reliance was placed on Paul Ongili Owino v Republic [2106] e KLR where the court dismissed a petition seeking to interfere with criminal prosecution.…

…Further, that the existence of arbitral proceedings which are civil in nature does not bar criminal investigations and prosecution as this is conduct trials to establish the veracity lawful process protected by section 193…

…It is the Ex parte Applicant’s case that the Complainant who is the Interested Party before this court, despite having voluntarily given the vehicle as security, reported it stolen, resulting in the Applicant’s criminal prosecution…

…However, in this case, the applicant has demonstrated, prim facie, at this stage, that unless stay is granted, if his prosecution proceeds, then he will be prejudiced if this challenge is successful and the criminal prosecution…

…From the ingredients set out herein above, the complainant in the criminal case is not a party in this petition, the criminal prosecution in the trial court did not end in the petitioner’s favour his favour as he was found…

…The Applicant also submits that the 3 rd Respondent’s Investigations officers acted in excess and in abuse of their powers since before a criminal prosecution can be mounted, it is the responsibility of the 2 nd Respondent…

…under Articles 28, 29, 39, 40, 47, 57, and 160(1) of the Constitution and whether, in the circumstances, the Court should exercise its jurisdiction to issue prohibition orders restraining police investigations and potential criminal…

…prosecution.…

…From the ingredients set out herein above, the complainant in the criminal case is not a party in this petition, the criminal prosecution in the trial court did not end in the petitioner’s favour his favour as he was found…