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Eliud Munene Kiragu v. Republic

(2014) JELR 105250 (CA)

Court of Appeal  •  Criminal Application1 of 2014 (Ur 1/2014)  •  31 Mar 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



The applicant is facing a criminal charge before the Kerugoya Chief Magistrate’s Court in Criminal Case No. 525 of 2009. The charge relates to obtaining money by false pretences particulars of which are that he entered into a sale agreement with one Richard Njagi Ndaka to sell Plot No. 53 Kagumo, which the said Richard Njagi was to buy at Ksh. 1.5 million. He failed to transfer the plot and Richard Njagi reported him to the police and he was arrested on 30th May, 2009, and charged in court on 2nd June, 2009. He claims that the transaction between him and the said Richard Njagi is a civil matter supported by a Sale Agreement and his rights were violated when he was being subjected to criminal prosecution.

The applicant moved to the High Court at Embu by Petition No. 10 of 2013, in which he sought orders to declare the Criminal Case No. 525 of 2009, to be null and void. The Honourable Judge (Ongundi, J.) ,upon hearing the parties found that there was no merit in the ap…

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