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…process at the Chief Magistrate Court at Makadara or in any other court in the Republic of Kenya and/or from using the criminal process to resolve the civil dispute over the Villa Franca Estate perimeter wall adjacent to…

…A declaration that the use of the criminal process to frustrate the 1 st and 8 th Petitioners and more importantly to allow the perpetration of private, selfish and malicious agenda in a criminal process was to say the least…

…Whether the criminal process is shown to be abusive 35. The Petitioner relies heavily on Ex Parte Ganijee (supra )to argue that the criminal process is being used for ulterior purposes.…

…Those are matters for the trial court and the DPP unless there is clear abuse, bad faith, oppression or violation of rights that cannot be cured through the ordinary criminal process. 39.…

…The Applicant contends that the criminal proceedings constitute a violation of his constitutional rights, are malicious, and amount to an abuse of the criminal justice process.…

…His rights under  Article 50(2)  including the presumption of innocence and the right to a fair trial remain safeguarded throughout the criminal process. In  Paul Ng’ang’a Nyaga v.…

…He contends that the dispute is purely civil and contractual, and that the criminal process is being invoked improperly to enforce a civil debt.…

…The balance of convenience lies in allowing the criminal justice process to proceed. I therefore find that the balance of convenience tilts in favour of the Respondents. 16.…

…When a prosecution is not impartial or when it is being used to further a civil case, the court must put a halt to the criminal process. No one is allowed to use the machinery of justice to cause injustice.…

…It is therefore not sufficient for a Petitioner merely to point to a contractual relationship between himself and a complainant; he must, on the evidence, show that the criminal process has an ulterior motive.…

…The Applicant contends that the 1st Respondent has acted ultra vires Article 157(11) of the Constitution by resorting to criminal process to achieve what is properly a civil debt-recovery objective, that he has been charged…

…(b) Whether the decision to charge the Applicant is tainted by illegality, irrationality or procedural impropriety, or amounts to an abuse of the criminal process for a collateral (civil debt-recovery) purpose, within the…

…It is not intended to shield an accused person from the ordinary criminal process or to prevent a competent court from exercising jurisdiction lawfully vested in it.…

…The Court is satisfied that the present applications form part of a broader pattern of litigation intended to delay, frustrate or circumvent the ordinary criminal process and even the succession cause.…

…Forced arrest operations and hurried criminal process would impose exceptional physical and reputational harm out of proportion to the disputed domestic context. 6.…

…Inconsistent signaling raises concern that the criminal process is being used to pressure the Applicant without transparent charge disclosure. 7.…

…process which he is himself evading.…

…The first, of long standing in this jurisdiction, is that the criminal process may not be pressed into service to advance, frustrate or settle a civil dispute, or as an instrument of debt collection.…

…They contend that the criminal process has been invoked for collateral purposes in what is essentially a dispute concerning ownership of the property and that the decision to charge them is therefore amenable to judicial…

…The Applicants contend that the criminal proceedings are intertwined with the dispute over LR No. 20261 and allege that the criminal process has been employed for an improper or collateral purpose.…

…process.…

…process in civil dispute.…

…In Eric Mailu v Republic & 2 others [2013] eKLR, the Court reiterated that anticipatory bail is not a substitute for the ordinary criminal process.…

…Warrants of arrest were issued within the criminal process. No evidence has been placed before this Court to demonstrate illegality, bad faith or abuse of process.…

…process. 13.…

…Thus, the criminal justice process includes safeguards to ensure fair trials, as outlined in Article 50 of the Constitution. 26.…

…Issue 2 - Whether the criminal process complained of constitutes an abuse of the court process. It is not in dispute that the 1st Respondent filed Miscellaneous Criminal Application No.…

…The Petitioners contend that the criminal process was weaponized to defeat ongoing civil proceedings in Kajiado.…

…He relied on R v Chief Magistrate, Milimani Chief Magistrate’s Commercial Court and another and another Exparte Patrick Ogola Onyango & Others [2018] e KLR where the court is said to have held that criminal process should…

…However, it does not preclude judicial intervention where the criminal process is being misused to achieve collateral objectives.…

…For the court to intervene, it must be satisfied that the criminal process has been initiated to compel the petitioners to settle the civil claim.…

…When a prosecution is not impartial or when it is being used to further a civil case, the court must put a halt to the criminal process.…

…Attainment of a collateral advantage is never an objective of criminal process, but abuse of process.…

…Thus, the law frowns upon use of criminal process to settle a civil debt or contractual obligation or personal vendetta.…

…They are civil proceedings, with some aspect of the criminal process in them. That aspect is with respect to the sanctions imposed where contempt of court is proved.…

…Being a quasi-criminal process, the compliance expected should be to a higher degree than that in ordinary civil processes.…

…Whether the complaint is true or false is not for judicial review to determine at this stage, unless the Court is shown clear evidence that the criminal process is being used for an ulterior purpose or in a manner that is…

…Second, section 193A is a statutory answer that cautions against stopping criminal processes merely due to overlap with civil disputes, and therefore the Applicants must demonstrate something more, namely abuse of process…