RELIEF FOR BUSINESSMAN AND LAWYER AS HIGH COURT STOP CRIMINAL TRIAL

RELIEF FOR BUSINESSMAN AND LAWYER AS HIGH COURT STOP CRIMINAL TRIAL

 

 

 

 

By Chris Ojow

 

 

 

 

Every person has a right to institute court proceedings to complain

about his or her rights, fundamental freedom has been denied,

violated or infringed and threatened by interested parties under

Article 22 of the Constitution.

 

 

 

 

 

 

As Nairobi’s High Court Judge, Justice James Makau issued a

conservatory order, stopping the ongoing criminal case at the lower

criminal court, where the applicants were charged with several

counts and released on a hash bail and bond conditions.

 

 

 

 

 

The High Court has a Jurisdiction to hear and determine

applications for redress of denial, violation, infringements and

threat to right and fundamental freedom.

 

 

 

 

 

The applicants Prominent Businessman in the Country

Shahdadpuri Ghanshyam Choithram and Kenyan Attorney

Philemon Morara Apiemi, were summoned by the Country

Directorate of Criminal Investigation to appear before Nairobi’s

Chief Magistrate Milimani Law Court and plead to criminal charges.

 

 

 

 

 

 

The applicants during the plea taking through their Officer of the

Court Ario, in a filed application, submitted before the duty Court

objecting to his clients pleading to the charges on grounds that the

charges were fabricated leading to a defective charge sheet was

dismissed and his clients ordered to plead to the charges.

 

 

 

 

 

The applicants in a petition filed at the High Court in several of

listed prayers, claimed that their right to fair hearing was violated

at the lower Criminal court against the law, under Article 50 of the

Constitution, where through a short ruling delivered by the Chief

Magistrate, ordered to plead to alleged fabricated accusations.

 

 
In a stay order issued by Justice James Makau, the duty Judge in his

short ruling directed the three respondents, Chief Magistrate Court,

Director of Public Prosecution and third Respondent Harish Suresh

Lakhiani, the complainant to file their responses within seven days.

 
As Justice James Makau granted stay orders staying the proceedings

at Milimani Chief Magistrate Court, in an ongoing criminal matter,

number E537 of year 2020, pending directions on 24th June same

year at Milimani Law Court Nairobi County Kenya to confirm

compliance by the parties.