WYCLIFFE OPARANYA AMBETSA V. DIRECTOR OF PUBLIC PROSECUTION

JUDGMENT OF THE COURT

On 25^th May, 2013, the appellant presented a petition before the High Court of Kenya at Kakamega seeking two substantive orders:

a declaration that his prosecution in Criminal Case No. 122 of 2013 before the Senior Principal Magistrate’s Court, Butere, is unlawful and a violation of his right to a fair trial;

an order of prohibition to prohibit the Senior Principal Magistrate, Butere, or any other court, from proceeding with his trial in the aforesaid criminal case or in any other proceedings commenced on the basis of the same complaint.

The petition was supported by an affidavit sworn by the appellant. In the criminal case, it was alleged that the appellant had assaulted one John Ojuang Waka (the complainant) on 17^th August, 2008 at Mabole Village in Butere District, occasioning him actual bodily harm. The complainant was a political supporter of a rival group.

The appellant stated that he had been informed of the allegations of assault in July, 2008 by Acting Inspec…