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.