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TRATORIA LIMITED V. JOANINAH WANJIKU MAINA & 3 ORS

(2022) JELR 114068 (CA)

Court of Appeal  •  Civil Appeal 151 of 2018  •  22 Jul 2022  •  Kenya

Coram
MA Warsame, JA HA Omondi, JA JW Lessit, JA

Judgement

JUDGMENT

  1. This case is about striking a balance: a balance between a citizen’s right to access information relating to the workings and decisions of government and government’s discretion to make deliberations behind closed doors. It also relates to the citizen’s right to security and liberty on the one hand, and the ability of the National Police Service to investigate and summon citizens for questioning and the DPP’s decision to prosecute on the other.

  2. The appellant, Tratoria Limited, has appealed against the decision of the High Court (Mativo J.) delivered on 21st July 2017, allowing the 1st respondent’s consolidated petitions, being Petitions No. 129 of 2014 and 132 of 2014 in the following terms:

    a. An order of prohibition be and is hereby issued permanently prohibiting the Director of Public Prosecutions and or the Inspector General of Police from summoning, interrogating, arresting, investigating, instituting or continuing with any criminal prosecution against the petitioner or her…

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