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Patrick Wanzala Mulwoto v. Director of Public Prosecutions

(2019) JELR 95184 (CA)

Court of Appeal  •  Criminal Appeal 182 of 2018  •  31 Jul 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. The appellant filed a constitutional petition dated 2nd May 2017 at the High Court in Kakamega seeking an order to stay his arraignment and trial before the Mumias Senior Principal Magistrate’s Court in Criminal Case No. 93 of 2013 and Criminal Case No. 126 of 2014. The appellant sought further orders to declare as null and void all orders and proceedings emanating from the two criminal cases before the magistrates’ court. The grounds in support of the constitutional petition were that the criminal proceedings were a mistrial, null and void and were being conducted in gross violation of the appellant’s fundamental rights and freedoms.

2. The respondent in opposing the constitutional petition avowed that it was bad in law, frivolous and an abuse of court process. That the petition was misplaced, incompetent and against mandatory provisions of law.

3. The factual matrix in support of the petition were that on diverse dates in 2013 and 2014, the appellant was arrest…

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