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Kamlesh Mansukhlal Damji Pattni v. International Centre for Policy and Conflict,Attorney General,Director of Public Prosecutions,Commissioner of Police,Chief Magistrates Court, Nairobi & Elijah Kipng'eno Arap Bii

(2013) JELR 100269 (CA)

Court of Appeal  •  Civil Appliction Nai 89 of 2013 (UR 59/2013)  •  12 Jul 2013  •  Kenya

Coram
David Kenani Maraga, Wanjiru Karanja, John Wycliffe Mwera

Judgement

RULING OF THE COURT

.In his letter of 27th January 2013, the Director of Public Prosecutions (the DPP) terminated the plea bargain negotiations under Section 137 of the Criminal Procedure Code (CPC) between his office and KamleshM. Pattni (Pattni) that were aimed at settling Nairobi Chief Magistrate’s Criminal Case No. 518 of 2006 (the said Criminal Case). On 20th March 2013, Mutava, J partly allowed the Judicial Review application by Pattni and prohibited the Attorney General (the AG), the Director of Public Prosecutions (the DPP) and the Commissioner of Police or any other authority, body or person from prosecuting or continuing to prosecute him and his associated companies including Goldenberg International Limited (Goldenberg International) in Nairobi Chief Magistrate’s Court Criminal Case No. 518 of 2006, Republic v. KamleshManuskhlalPattni and Others, or in any other matter relating to the Goldenberg affair or the Bosire Commission or otherwise and the Chief Magistrate, Law Court…

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