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…The suit, at the primary court, was initiated by the appellant, against the respondents, for compensation, for malicious prosecution, with respect to a criminal prosecution in Busia CMCCRC No. 781 of 2017, on charges of forgery…

…by spite or ill-will, or some other wrongful or improper motive, or that it was designed to serve some improper or wrongful purpose, and that the criminal prosecution did not have any probable or reasonable cause.…

…prosecution in Eldoret MCACEC No.…

…Whereas in the cited cases the applicants were seeking to stay criminal prosecutions while in the current preliminary objection the defendants are seeking to strike out the civil case, going by the established jurisprudence…

…But a criminal prosecution or process would not be halted merely because the transaction, the basis upon which a criminal prosecution is initiated, is a basis for a civil claim; in other words, the criminal process would…

…The learned judge was of the view that criminal prosecution can proceed alongside a civil suit based on the same or related facts; he held as follows: “The High Court does not hold the view that no criminal prosecution should…

…The allegations, made in this statement, do not support a case for any kind of criminal prosecution against Shariff J.…

…Conduct of criminal prosecutions is vested in the Director of Public Prosecutions, under the Constitution, at Article 157.…

…The suit, at the primary court, was initiated by the appellant, against the respondents, for compensation, for malicious prosecution, with respect to a criminal prosecution in Makadara CMCCRC No. 4616 of 2014, on a charge…

…by spite or ill-will, or some other wrongful or improper motive, or that it was designed to serve some improper or wrongful purpose, and that the criminal prosecution did not have any probable or reasonable cause.…

…’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…

…’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…

…In Republic v Chief Magistrate’s Court at Mombasa Ex Parte Ganijee and another [2002] 2 KLR 703, it was held: “ It is not the purpose of a criminal investigation or a criminal charge or prosecution to help individuals in…

…The 2nd respondent should know that if the courts were to permit that to happen then there would be no end to such prosecutions. A criminal prosecution must be based on a proper factual foundation.…

…The chronology reveals that before Nyamira HCCRMISCAPPL E020 of 2026 had been determined, the Petitioners commenced parallel constitutional proceedings before the High Court at Bomet concerning the same criminal prosecution…

…The repeated institution of proceedings before different stations of the High Court concerning the same criminal prosecution demonstrates a deliberate attempt to relitigate substantially the same dispute before courts of…

…The DPP has constitutional mandate and discretion to initiate, continue and, or terminate criminal prosecutions. (Article 157).…

…There was the further argument that there are civil proceedings concurrent with the criminal prosecutions thus, a ground for halting the prosecution.…

…The same authority, however, makes plain that this deference is not absolute: "Whereas the DPP has the ultimate discretion in determining which complaint should lead to a criminal prosecution, where that power is seen to…

…The Court held: "It is not the purpose of a criminal investigation or a criminal charge or prosecution to help individuals in the advancement of frustrations of their civil cases.…

…The circumstances when a court can intervene in a criminal prosecution was also the subject of the decision in R vs.…

…Attorney General exp Kipngeno Arap Ngeny, High Court Civil Application No. 406 of 2001 wherein it was held that: “A criminal prosecution which is commenced in the absence of proper factual foundation or basis is always suspect…

…prosecution of the Petitioners.…

…He added that the seller of the suit land to the Petitioners has never been interrogated nor charged for any offence, yet that should have been the starting point before the criminal prosecution.…

…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.…

…prosecution.” 17.…

…prosecution ...…

…The petitioner argues that where it has been demonstrated that rights of an accused person are threatened with violation, or otherwise imperiled in criminal prosecution, the court is duty bound to halt such prosecution.…

…In my respectful view, it is the DPP’s mandate, if he is satisfied that there is sufficient evidence to sustain criminal prosecution, to initiate and continue such prosecution.…

…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…

…the Fair Administrative Action Act. 2) That the exhaustion doctrine does not apply where constitutional rights are under threat or where the alternative forum lacks jurisdiction over the specific reliefs sought (stay of criminal…

…prosecution, constitutional review, etc.). 3) That the Respondent is estopped from challenging jurisdiction at this stage having submitted to the Court’s authority earlier and acknowledging receipt of the orders and; 4)…