PETER NDIRANGU KINUTHIA V. OFFICER COMMANDING KIKUYU POLICE STATION & SENIOR RESIDENT MAGISTRATE'S COURT, KIKUYU

RULING OF THE COURT

We have before us an application brought under rule 5(2)(b) of the Rules of this Court whereby the applicant, Peter Ndirangu Kinuthia , seeks stay of proceedings in Criminal Case No. 63 of 2002 in Kikuyu Resident Magistrate’s Court , pending the hearing and determination of an intended appeal against the ruling of the superior court (P.J. Ransley Esq. Commissioner of Assize, as he then was) delivered on 9th day of May, 2002. The learned Commissioner declined to grant orders of certiorari to remove to the High Court and quash the decision of the first respondent, the Officer Commanding Kikuyu Police Station, to charge the applicant with the offence of stealing contrary to Section 275 of the Penal Code . The applicant stands charged with the said offence as well as trespass to property contrary to Section 3(1) of the Trespass Act, Cap. 284, Laws of Kenya. The Criminal charges were instituted against the applicant, his wife and their children whilst civil proceedings w…