<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">[1] This appeal concerns an interlocutory matter. We were told the matter being Kerugoya Chief Magistrate’s Court <em>Criminal Case No. 525 of 2009</em> is still pending determination by that court. The appellant, Eliud Munene Kiragu, was charged in the said court with the offence of conspiracy to defraud contrary to <em>Section 317</em> of the <em>Penal Code</em>. The particulars of the charge stated that Eliud Munene Kiragu <em>(with another person who has not appeared before us),</em> on diverse dates between 18^th October, 2008 and 4^th April, 2009, at Kerugoya Town in Kirinyaga District within Central Province with intent to defraud, jointly conspired and defrauded RICHARD NJAGI NDAKA Ksh. 1.5 M (One and half Million).</p><p class="ql-align-justify">He also faced 3 other counts of obtaining various sums of money from Richard Njagi Ndaka by false pretence contrary to <em>Section 313</em> of the <em>Penal Code.</em></p><p class="ql-align-justify">[2] While the hearing of the Criminal Case was ongoing before the Chief Magistrate’s Court, the appellant filed a constitutional petit…</p>