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Director of Public Prosecutions & Kenya Anti-Corruption Commission v. Crossley Holdings Limited & Miwani Sugar Co. (1989) Limited

(2016) JELR 98381 (CA)

Court of Appeal  •  Civil Appeal 1 & 2 of 2013 (Consolidated)  •  21 Apr 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

On 22nd September 2010, Crossley Holdings Limited (the 1st respondent), its directors and other persons were arraigned in Kisumu CM Cr. Case No. 429 of 2010, inter alia, on charges of conspiracy to defraud contrary to Section 317 of the Penal Code and fraudulent acquisition of public property contrary to Section 45(1)(a) as read with Section 48 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003. Allegedly apprehensive that given the background of the case they were not going to be accorded a fair trial, on 29th September 2010 the 1st respondent filed a judicial review application before the High Court at Kisumu and sought orders of certiorari to quash the 1st appellant’s decision contained in the letter dated 9th December 2010 and the 2nd appellant’s recommendation to charge them published in the Kenya Gazette of 15th January 2010. The 1st respondent also sought an order of prohibition to prohibit their prosecution on the grounds, inter alia, that the d…

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