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Director of Public Prosecutions v. Justus Mwendwa Kathenge, Attorney General & Chief Magistrate's Court

(2016) JELR 102691 (CA)

Court of Appeal  •  Civil Appeal 201 of 2014  •  25 Nov 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



A recent article in one of the daily newspapers in the country carried a headline that read “COURT INJUNCTIONS SLOW PROGRESS OF MEGA PROJECTS” and listed recent court orders ranging from stopping the transfer of police officers, construction of multimillion projects to prosecution of corruption and other high profile cases, to demonstrate how such orders are potential impediments to economic growth. The appeal before us does not per se relate to orders of injunction but the relevance of this will shortly become clear.

On 14th June, 2011 a six storey building under construction in Pipeline Estate, within Embakasi, Nairobi, collapsed causing the death of four casual workers while others suffered grievous injuries. It became apparent that the construction was being undertaken in violation of the law. Consequently, Bernard Gakobo Karungu who was the developer, Justus Mwendwa Kathenge, the 1strespondent, and three others were charged in the Magistrate’s Court Criminal C…

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