JUDGMENT OF THE COURT
This appeal emanates from the Ruling of the superior court, Kimaru Ag. J. (as he then was) made on 18th March, 2004 in which the learned Judge dismissed an application expressed to have been brought under Section 8 of the Law Reform Act, Cap 26 Laws of Kenya seeking an order of prohibition to stop the prosecution of the appellant before the Chief Magistrate’s Court Nairobi or by any other magistrate in Kenya.
It is pertinent to relate the background to the appeal:
Ally Ismail Said alias Ally Ismail Mwangi alias Ally Mwangi Wanjiku (hereinafter “Ally”) was at the time material to these proceedings, a businessman at Jitihadi Shopping Complex in Nairobi. In May 2000 he was arrested by the police and was subsequently charged in Criminal Case No. 1211/2000 (hereinafter “the first trial”) before Nairobi Chief Magistrate’s Court on 23.06.00 along with two other persons on several counts under the Penal Code and the Immigration Act. The seventh count which is relevant to th…