STEPHEN MUREGI CHEGE V. INSPECTOR GENERAL OF POLICE,DIRECTOR OF CRIMINAL INVESTIGATIONS DEPARTMENT,DIRECTOR OF PUBLIC PROSECUTIONS & JOHN MTAY SAIKWA

JUDGMENT OF THE COURT

Introduction

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 4^th respondent to act for him in a conveyancing transaction, where the 4^th 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 4^th 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 4^th respondent. However, the 4^th respondent denied having ever given such instructions to the appellant. The 4^th respondent lodged a complaint with t…