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Stephen Muregi Chege v. Inspector General of Police,Director Of Criminal Investigations Department,Director of Public Prosecutions & John Mtay Saikwa

(2018) JELR 95171 (CA)

Court of Appeal  •  Civil Appeal 77 of 2017  •  28 Sep 2018  •  Kenya

Philip Nyamu Waki, Daniel Kiio Musinga, Agnes Kalekye Murgor




1. The appellant herein, an advocate of the High Court of Kenya, challenges the High Court’s judgment (Lenaola, J; as he then was), dismissing the appellant’s petition seeking to stop his prosecution on a charge of theft of Kshs.213,000,000/=. In a nutshell, the appellant argued before the trial court that as an advocate, he was retained by the 4th respondent to act for him in a conveyancing transaction, where the 4th respondent was selling a property known as LR. No. 209/8558, Nairobi (the suit property). The purchase price was Kshs.300,000,000/=. A deposit of Kshs.7,000,000/= was paid to the 4th respondent and the balance of Kshs.293,000,000/= was deposited in the appellant’s account.

2. The appellant asserted that upon receipt of the aforesaid sum, he disbursed it to various persons as instructed by the 4th respondent. However, the 4th respondent denied having ever given such instructions to the appellant. The 4th respondent lodged a complaint with t…

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