By Gladys Musyoka.
Benson Sande Ndeta’s attempt to stop an ongoing criminal case has sparked a fresh legal dispute at the High Court in Nairobi, with new parties seeking to be enjoined and opposing the move.
The case revolves around an application to suspend proceedings in Milimani Criminal Case No. E1218 of 2024, a request that has now been challenged by individuals who argue the matter has already been settled.
Donald Kiboro Mwaura, John Gachanga Kaiganane, and Savannah Heights Limited have moved to court seeking to be included as interested parties, stating that they have a direct stake in the outcome of the proceedings.
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They contend that the attempt to halt the prosecution is not new, pointing to an earlier High Court decision which upheld the Director of Public Prosecutions’ authority to institute the case.In that ruling, the court found that the prosecution was lawfully initiated and should proceed, a position the applicants say remains binding.
They now argue that revisiting the same issues amounts to an abuse of the court process.
“A similar application seeking to halt the criminal proceedings was dismissed, with the court affirming that the DPP acted within his constitutional mandate,” they stated.
The applicants further insist that criminal proceedings should not be interrupted through repeated applications, maintaining that any disputes over evidence or liability should be addressed during trial.
“Criminal proceedings ought to be allowed to proceed, with any issues being ventilated before the trial court,” they argue.
In a supporting affidavit, John Gachanga Kaiganane emphasizes the need to safeguard the integrity of the process, warning against stopping the case without sufficient legal basis.
He states that allowing the application would be contrary to the interests of justice and could prejudice parties with a legitimate stake in the matter.
The applicants also dismiss reliance on civil proceedings to justify halting the case, arguing that such matters do not determine criminal responsibility.
The High Court is now expected to determine whether to admit the interested parties into the case and whether the application to suspend the criminal proceedings meets the required legal threshold.