JUDGMENT OF THE COURT
[1] This appeal concerns an interlocutory matter. We were told the matter being Kerugoya Chief Magistrate’s Court Criminal Case No. 525 of 2009 is still pending determination by that court. The appellant, Eliud Munene Kiragu, was charged in the said court with the offence of conspiracy to defraud contrary to Section 317 of the Penal Code. The particulars of the charge stated that Eliud Munene Kiragu (with another person who has not appeared before us), on diverse dates between 18th October, 2008 and 4th April, 2009, at Kerugoya Town in Kirinyaga District within Central Province with intent to defraud, jointly conspired and defrauded RICHARD NJAGI NDAKA Ksh. 1.5 M (One and half Million).
He also faced 3 other counts of obtaining various sums of money from Richard Njagi Ndaka by false pretence contrary to Section 313 of the Penal Code.
[2] While the hearing of the Criminal Case was ongoing before the Chief Magistrate’s Court, the appellant filed a constitutional petit…