SOY DEVELOPERS LIMITED & 5 OTHERS
V.
CYRUS SHAKHALAGA KHWA JIRONGO & 7 OTHERS;SOY DEVELOPERS LIMITED & 4 OTHERS (INTERESTED PARTIES)

JUDGMENT OF THE COURT

1. This judgment is a determination of two appeals filed before this Court as Nairobi Civil Appeal No. 43 of 2017 and Nairobi Civil Appeal No. 48 of 2017.

BACKGROUND FACTS

2. On 9^th February 2016, the Director of Public Prosecution made a decision to indict and charge the 1^st respondent, Mr. Cyrus Shakhalaga Khwa Jirongo and instituted criminal proceedings in Case No. 207 of 2016 before the Chief Magistrate’s Court in Nairobi.

3. The charge against the 1^st respondent contained four counts as follows:

“i. Count I – Obtaining execution of security by false pretences contrary to Section 314 of the Penal Code.

ii. Count II – Making a document without authority contrary to Section 357 (a) of the Penal Code.

iii. Count III – Uttering a false document contrary to Section 353 of the Penal Code.

iv. Count IV – Giving false information to a person employed in the public service contrary to Section 129 of the Penal Code.”

4. Upon being charged, Mr. Jirongo moved to the High Court in…