Busuru v Republic [2025] KEHC 9111 (KLR)

Busuru v Republic (Criminal Petition E056 of 2023) [2025] KEHC 9111 (KLR) (27 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9111 (KLR)

Republic of Kenya

In the High Court at Eldoret

Criminal Petition E056 of 2023

RN Nyakundi, J

June 27, 2025

Between

Kelvin Omuse Busuru

Applicant

and

Republic

Respondent

Ruling

1. The applicant before this court was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal Code, where it was alleged that he stole a motorbike registration number KMGG 350 J at Pioneer Watu Credit Limited and worth Kshs. 136,890/=. He filed an application dated 6th June, 2024 seeking orders as follows:a.That the petitioner is challenging the lawfulness of being placed in pre-trial custody over charges that ought to be a civil matter, that is a motorcycle loan, which is unlawful, unreasonable and procedurally unfair. In reliance to section 362 as read with 364 I pray that this matter be revisedb.That the respondent actions were in breach of his fundamental rights and freedom where his right to fair administrative action, where the 1st Respondent instituted charges in contravention of section 7 of the fair administrative action Act 2011 and Article 10, 47 of the constitution 2010. I am praying to the court to declare my right was violated and set me at liberty from unlawful detention.c.That the 1st Respondent exercised its mandate in commencing stealing charges for the petitioner in contravention of Article 157 (11) of the constitution of Kenya. I am praying that the court corrects this violation.d.That the petitioner will be invoking the provisions of Article 159(2) for the Honorable court to exercise its power to prohibit, stay the proceedings by the 1st Respondent from abusing the criminal process to settle a civil claim.e.That the prosecution’s case is in contravention of the provisions of Article 10 on the rule of law principle of the constitution of Kenya 2010. f.That the petitioner is seeking for order of habeas corpus to be relieved from unlawful detention

Decision. 2. I have carefully perused through the record in its entirety and taken note that the parent proceedings were concluded since the matter was withdrawn under section 87(a) of the Criminal Procedure Code and marking the instant application as spent.

3. The file is therefore marked as closed.

4. Orders accordingly.

SIGNED, DATE AND DELIVERED AT ELDORET THIS 27TH DAY OF JUNE 2025. ……………………………………..….R. NYAKUNDIJUDGE