Stanley Kipruto Ng’etich v Mary Barng’etuny & 2 others [2019] KEELC 2804 (KLR)
The bottom line
#A Kenyan court confirmed that facing a criminal case over the same land dispute as your civil suit does not pause the criminal prosecution.
What this practically means
#Executive summary
#Key legal issues
#Whether pending civil proceedings justify a stay of criminal proceedings arising from the same facts
The application for stay was dismissed; concurrent criminal and civil proceedings are lawful under section 193A of the Criminal Procedure Code and the applicants failed to demonstrate malice or unlawful action by the police.
The court noted the defendants were charged with illegal grazing, cutting down trees and resisting lawful arrest arising from events on the plaintiff's land. The court applied section 193A of the Criminal Procedure Code, which expressly provides that a matter in issue in criminal proceedings also being in issue in civil proceedings shall not be a ground for stay, prohibition or delay of the criminal proceedings. The defendants also failed to demonstrate any malice on the part of the police or that the police acted unlawfully or without authority.
Legal principles established
#- The existence of concurrent criminal and civil proceedings on the same subject matter is not a ground for staying the criminal proceedings.
Court orders
#- 1.Application dismissed with costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court (application for stay of criminal proceedings pending determination of the civil suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stanley Kipruto Ng’etich v Mary Barng’etuny & 2 others [2019] KEELC 2804 (KLR)", Case Analysis (2019). Not stated in the judgment text. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2804/eng@2019-05-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.