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David Kipruto Chingi v. Marwa Fadhili Chacha v. Director of Public Prosecutions, The Special Magistrate Anti-Corruption Court of Kenya Nairobi Registry & The Ethics & Anti-Corruprion Commission (EACC)

(2016) JELR 102836 (CA)

Court of Appeal  •  Civil Application 45 of 2016 (UR 34/2016)  •  6 May 2016  •  Kenya

Coram
Philomena Mbete Mwilu, Jamila Mohammed, James Otieno Odek

Judgement

RULING OF THE COURT

By a Charge Sheet dated 2nd October 2013, the two applicants together with four others were arraigned before the Special Magistrate Anti-Corruption Court and charged in Anti-Corruption Cases Nos. 12 and 18 of 2013 with offences disclosing four counts namely: conspiracy to defraud contrary to Section 317 of the Penal Code; willful failure to comply with the applicable law relating to the procurement of services contrary to Section 45 (2) (b) as read with Section 48 of the Anti-Corruption and Economic Crimes Act; abuse of office contrary to Section 46 as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act and obtaining money by false pretences contrary to Section 313 of the Penal Code.

Upon being arraigned, the applicants filed a Judicial Review Petition before the High Court seeking an order of certiorari to bring before court and quash criminal proceedings in Anti-Corruption Cases Nos. 12 and 18 of 2013. The applicants further sought prohibition o…

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