DIRECTOR OF PUBLIC PROSECUTIONS V. MARTIN MAINA, INSPECTOR GENERAL OF POLICE, DIRECTOR CRIMINAL INVESTIGATIONS DEPARTMENT, STEPHEN OYUGI OKERO & RIGHT END PROPERTIES LIMITED

JUDGMENT OF THE COURT

1. By an application dated 19^th March, 2014, Martin Maina, the 1^st respondent, sought an order of prohibition to prohibit the Director of Public Prosecutions, (the appellant) and the Inspector General of Police, (the 2^nd respondent) from commencing or proceeding with any criminal proceedings against him in respect of any dealings relating to the property known as L.R. No. 1870/X/24 situate in Nairobi, hereinafter referred to as “the suit property”.

2. The 1^st respondent is an advocate of the High Court of Kenya. In his affidavit in support of the applicant, the 1^st respondent stated that in June 2005 he was retained in his official capacity to represent one Salim Hussein Dungarwalla (now deceased) in an intended purchase of the suit property, which was being sold by Uzima Press Limited, also referred to as Uzima Publishing House (the vendor).

3. By an agreement dated 23^rd June, 2005, the vendor agreed to sell the suit property to Dungarwalla for Kshs.27,000,000/=; 1…