DIRECTOR OF PUBLIC PROSECUTIONS & KENYA ANTI-CORRUPTION COMMISSION V. CROSSLEY HOLDINGS LIMITED & MIWANI SUGAR CO. (1989) LIMITED

JUDGMENT OF THE COURT

On 22^nd September 2010, Crossley Holdings Limited (the 1^st 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 29^th September 2010 the 1^st respondent filed a judicial review application before the High Court at Kisumu and sought orders of certiorari to quash the 1^st appellant’s decision contained in the letter dated 9^th December 2010 and the 2^nd appellant’s recommendation to charge them published in the Kenya Gazette of 15^th January 2010. The 1^st respondent also sought an order of prohibition to prohibit their prosecution on the grounds, inter alia, that the d…