SOY DEVELOPERS LIMITED, SAMMY BOIT ARAP KOGO, ANTOINETTE BOIT DIRECTOR OF PUBLIC PROSECUTIONS,DIRECTOR OF CRIMINAL INVESTIGATIONS& INSPECTOR GENERAL NATIONAL POLICE SERVICE V. CYRUS SHAKHALAGA KHWA JIRONGO, ATTORNEY GENERAL, DIRECTOR OF PUBLIC PROSECUTION, DIRECTOR OF CRIMINAL INVESTIGATIONS, INSPECTOR GENERAL OF POLICE FORCE, CHIEF MAGISTRATE'S COURT NAIROBI, DEPOSIT PROTECTION FUND BOARD (AS LIQUIDATOR OF POST BANK CREDIT LTD & ASL LIMITED;SOY DEVELOPERS LIMITED, DEPOSIT PROTECTION FUND BOARD (AS LIQUIDATORS OF POST BANK CREDIT LIMITED), SAMMY BOIT ARAP KOGO, ANTOINETTE BOIT & ASL LIMITED (INTERESTED PARTIES)

JUDGMENT OF THE COURT

1. This judgment is a determination of two appeals filed before this Court as Nairobi Civil Appeal No. 43 of 2017 and Nairobi Civil Appeal No. 48 of 2017.

BACKGROUND FACTS

2. On 9^th February 2016, the Director of Public Prosecution made a decision to indict and charge the 1^st respondent, Mr. Cyrus Shakhalaga Khwa Jirongo and instituted criminal proceedings in Case No. 207 of 2016 before the Chief Magistrate’s Court in Nairobi.

3. The charge against the 1^st respondent contained four counts as follows:

“i. Count I – Obtaining execution of security by false pretences contrary to Section 314 of the Penal Code.

ii. Count II – Making a document without authority contrary to Section 357 (a) of the Penal Code.

iii. Count III – Uttering a false document contrary to Section 353 of the Penal Code.

iv. Count IV – Giving false information to a person employed in the public service contrary to Section 129 of the Penal Code.”

4. Upon being charged, Mr. Jirongo moved to the High Court in…