Director of Public Prosecutions v Okemo & 4 others [2021] KESC 40 (KLR)

Director of Public Prosecutions v Okemo & 4 others (Miscellaneous Application 22 of 2020) [2021] KESC 40 (KLR) (6 August 2021) (Directions)

Director of Public Prosecutions v Chrysanthus Barnabus Okemo & 4 others [2021] eKLR

Neutral citation: [2021] KESC 40 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Miscellaneous Application 22 of 2020

MK Koome, CJ & P, MK Ibrahim, SC Wanjala, NS Ndungu & W Ouko, SCJJ

August 6, 2021

Between

Director Of Public Prosecutions

Applicant

and

Chrysanthus Barnabus Okemo

1st Respondent

Samuel Kimunchu Gichuru

2nd Respondent

Attorney General

3rd Respondent

Chief Magistrates’ Court

4th Respondent

Ethics And Anti-Corruption Commission

5th Respondent

Directions

1. Intending to challenge the decision of the Court of Appeal made on 2nd March, 2018, the Director of Public Prosecutions, (the applicant) has, with the Court’s leave, lodged Petition of Appeal No. 14 of 2020. It was declared by that decision that extradition proceedings instituted before the magistrate’s court against Chrysanthus Barnabus Okemo and Samuel Kimunchu Gichuru (the 1st and 2nd respondents) by the applicant were without the authority of the 3rd Respondent (the Attorney General) and therefore a nullity; and that, in law, it is only the latter who is vested with the power to commence and conduct such proceedings.

2. Aggrieved by that determination and apprehensive that the decision may be executed by the Attorney General before the appeal is heard, the applicant has taken out this Notice of Motion, praying that, pending the hearing and determination of the appeal, this Court be pleased to issue an order to stay the execution of the aforesaid decision of the Court Appeal.

3. The application was listed for consideration on the basis of written submissions pursuant to Rule 31 of the Court’s Rules. However, having regard to the nature of the dispute in the pending appeal; bearing in mind that the main appeal has now been listed for hearing on 5th October, 2021, and in order to save on judicial resources, we direct that;i.The Notice of Motion dated 12th August, 2020 be and is hereby taken out of the hearing list;ii.The Notice of Motion be listed for further directions during the hearing of Petition No. 14 of 2020 on 5th October, 2021;iii.We make no orders as to costs.

DATED AND DELIVERED AT NAIROBI THIS 6TH DAY OF AUGUST, 2021. ........................M.K. KOOMECHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT...........................M.K. IBRAHIMJUSTICE OF THE SUPREME COURT...........................S.C. WANJALAJUSTICE OF THE SUPREME COURT..............................NJOKI NDUNGUJUSTICE OF THE SUPREME COURT.................W. OUKOJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA