Muktar Saman Olow v Director of Public Prosecution & 4 others [2018] KECA 469 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed it cannot stop a criminal trial just because a related case is in court—criminal proceedings must run their course.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court of Appeal can, on a Rule 5(2)(b) application, restrain the continuation of a criminal trial pending an intended appeal
It cannot. Rule 5(2)(b) does not confer jurisdiction to stop criminal proceedings; the Rules only permit release on bail or suspension of a warrant of distress, and the applicant sought neither and had not been convicted
The Court held that although the application was brought under Rule 5(2)(b), what was sought was a stoppage of a criminal trial, a relief the Rules do not anticipate. Rule 5(2)(a) confines the Court's criminal jurisdiction to bail and suspension of warrants of distress. Section 193A of the Criminal Procedure Code bars staying criminal proceedings because parallel civil proceedings exist, and Article 50(2)(q) guarantees an accused a fair trial including the right of appeal, so a conviction would not render the appeal nugatory.
Legal principles established
#- The Court of Appeal has no jurisdiction under Rule 5(2)(b) of its Rules to stay or stop criminal proceedings; its powers in criminal matters are limited to ordering release on bail or suspension of execution of a warrant of distress
- The fact that a matter in issue in criminal proceedings is also directly or substantially in issue in pending civil proceedings is not a ground for stay, prohibition or delay of the criminal proceedings
Court orders
#- 1.The application for stay of execution/temporary injunction restraining the 1st and 2nd respondents from continuing the trial in Kiambu Criminal Case No. 1170 of 2016 was dismissed
- 2.The applicant to pay the costs of the application
- On appeal from
- High Court
- Misc. Application No. 397 of 2016
- Jurisdiction invoked
- Rules 5(2)(b) and 42 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muktar Saman Olow v Director of Public Prosecution & 4 others [2018] KECA 469 (KLR)", Case Analysis (2018). Civil Application No. NAI 250A of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/469/eng@2018-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.