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GEORGE KITHI
V.
DPP & 2 ORS.

(2024) JELR 112712 (CA)

Court of Appeal 6 Dec 2024 Kenya
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- The appeals concerned the High Court’s refusal to grant conservatory orders prohibiting the Director of Public Prosecutions from arresting or prosecuting the appellant, George Kithi, following a dispute arising from a failed commercial in

Case Details

Suit Number:CIVIL APPEAL NO. E007 OF 2020
Judges:DR. K. I. LAIBUTA, JA L. ACHODE, JA G. V. ODUNGA, JA
Location:Malindi

JUDGEMENT OF THE COURT

1. The consolidated appeals, being Malindi Civil Appeal Nos E007 of 2020 and E015 of 2020, are against the rulings delivered by the learned Judge (Nyakundi, J) in Malindi High Court Constitutional Petition No. 2 of 2019 on 15th October 2019 and 31st October 2019 respectively. For the purposes of this judgement, we shall refer to the parties as they appear in Malindi Civil Appeal No. E007 of 2020.

2. Before delving into the said applications, it is important to set out the genesis of this appeal. By a petition dated 15th January 2019 brought by the appellant, George Kithi, against the 1st respondent, the Director of Public Prosecution (as the respondent) and the 2nd and 3rd respondents (as the 1st and 2nd interested parties) respectively, the appellant contended that on 27th August 2018, he entered into a commercial investment funding agreement with the 3rd respondent, Yehuda Sulami, an Israeli national, in which USD 300,000 was to be invested through the appellant…

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