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…On this ground alone, the prosecution has failed to link the accused person with the charge. 17.…

…Much of the documents that were relied upon by the prosecution to support its case for the months of April, August and September 2021.…

…convicting the appellant based on a defective charge sheet. b) The conviction and sentence by the court was/is irregular, illegal, null and void as the charge sheet presents errors with regard to the name of the accused. c) The prosecution…

…She argued that the prosecution met the required evidentiary standards and that the sentence was appropriate for the offence. 9. This is the first appellate court.…

…(iii)the prosecution should then immediately take the facts and the accused should be given an opportunity to change or explain the facts or to add to any relevant facts.…

…(iii)the prosecution should then immediately take the facts and the accused should be given an opportunity to change or explain the facts or to add to any relevant facts.…

…Isaboke- prosecution counsel stated that the prosecution did not intend to oppose the application for review as it is based on illness and age. …

…' The DPP through Ms Virginia Kariuki prosecution counsel wrote to the Deputy Registrar on 24 th October 2024 seeking a revision against a decision made by Honorable Ben Mark Ekuhbi on 24 th of October 2024.…

…THAT on the 25th of September 2024 the Director of Public Prosecution approved charges against the two respondents after evaluating evidence submitted DCI Parklands. 17.…

…In a nutshell, the Criminal limb of the dispute is settled save for our costs and/or suits for malicious prosecution (all of which we think pursuing will jeopardize further the steps so far made on the negotiation table).…

…We undertake not to pursue any claim be it for malicious prosecution, for any other tort against any party. 4.We undertake to engage Co-defendants on the foregoing. Kindly but urgently let us have your comments.…

…Nyakundi held in Kirit Bhangwanda Kanabar v Director of Public Prosecutions & another [2018] KEHC 1610 (KLR), that; ‘To me it is just appropriate to say that trial courts when considering a person’s suitability to be released…

…This is an order which is open to abuse by the complainant and the prosecution.…

…The respondents herein ,the prosecution filed grounds of opposition stating that the application is frivolous, vexatious and an abuse of court process .the application is meant to frustrate and prejudice the case.that the…

…Prosecution submitted that the initial transfer order was made at the instance of the applicant and he now wants another transfer and that he cannot allege delay in the circumstances Issues for determination 6.…

…to conduct a private prosecution.…

…otherwise the prosecution will be malicious and actionable...” 63.…

…he has adduced evidence to show that prosecution was instituted by the defendants; that the prosecution terminated in his favour; that the prosecution was instituted without reasonable and/or probable cause and that the prosecution…

…That the prosecution terminated in the plaintiff’s favour. That the prosecution was instituted without reasonable and/or probable cause. That the prosecution was actuated by malice.…

…The respondent Director of Public Prosecutions argued that the parties reconciled and the matter was communicated to him and upon reviewing the case, he withdrew the same under section 176 of the Criminal Procedure Code.…

…Prosecution Counsel also submitted that on 26 th July,2017, Mr. Ondabu who was in court in the absence of counsel for the respondents withdrew the judicial review case herein.…

…Ambetsa v Director of Public Prosecutions [2016] eKLR; Jirongo v Soy Developers Ltd & 9 others [2021] eKLR and Maina & 4 others v Director of Public Prosecutions & 4 others [2022] KEHC 15 (KLR) for the position that the…

…delay in instituting prosecution had violates his rights.…

…E014 OF 2024 SILAS NDUNGU WAIHENYA……………………………….PETITIONER VERSUS DIRECTOR OF PUBLIC PROSECUTIONS…………..1 ST RESPONDENT ATTORNEY GENERAL………………………………...2 ND RESPONDENT JUDGMENT 1.…

…The 1 st Respondent filed a replying affidavit sworn on 18 th February, 2025 by Job Mulati Prosecution Counsel while the 2 nd respondent filed a preliminary objection dated 21 st June 2024. 10.…

…The grounds upon which the Application is premised are that the appeal was dismissed for non attendance and want of prosecution, yet the Appellant was not served with any notice to show cause neither was any summons taken…

…out indicating intention to have the appeal dismissed for want of prosecution.…

…The decision to prosecute is, thus contrary to the Office of the Director of Public Prosecution National Prosecution Policy, 2015 and the Guidelines on the Decision to Charge, 2019.…

…prosecution in exercise of the discretion conferred upon that office.…

…In the premises the application is dismissed for want of prosecution. It is so ordered.…

…The selective prosecution excluding other parties amounts to discrimination and unfair administrative action. 5.…

…The petitioner and other accused persons denied the charges; the prosecution called eighteen (18) witnesses and u pon close of the prosecution case, on 13 th December 2024, the court found that the prosecution had established…