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High CourtOtherChamber Summons dated 21st April 2020 (Judicial Review)· [2020] KEHC 6072 (KLR)
Charles Mbugua Njuguna v Director of Public Prosecutions & another
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·~1 min to read original · ~4 min briefThe bottom line
#If you challenge anti-corruption court decisions, you must file your case in the High Court's specialized Anti-Corruption Division.
What this practically means
#Executive summary
#Charles Mbugua Njuguna, an Advocate of the High Court, was aggrieved by a decision of the Director of Public Prosecutions made on or about 22nd October 2019 to institute criminal proceedings against him for money laundering in Chief Magistrate's Anti-Corruption Court Case No. 28 of 2019. He moved the High Court by Chamber Summons dated 21st April 2020, supported by a statutory statement and verifying affidavit of the same date, seeking certification as urgent, leave to apply for judicial review orders of prohibition and certiorari to prohibit and quash those proceedings, an order that leave operate as a stay, and costs. The court, per P. Nyamweya J, did not determine the leave application on its merits. Noting that the Applicant sought orders in relation to proceedings in the Chief Magistrate's Anti-Corruption Court in Nairobi, which is under the supervisory jurisdiction of the Anti-Corruption and Economic Crimes Division of the High Court, the judge directed that the suit be transferred to that Division for further hearing and determination. The Chamber Summons was to be placed before the Duty Judge of the Division on 23rd April 2020 for directions, and the Deputy Registrar was ordered to send a copy of the ruling by electronic mail to the Applicant and to the Division's Deputy Registrar by close of business that day. The ruling is essentially a forum/transfer decision; no substantive findings were made on the merits of the intended judicial review.
Key legal issues
#01
Proper forum for judicial review of anti-corruption court proceedings
Holding
The application was transferred to the Anti-Corruption and Economic Crimes Division of the High Court.
Reasoning
The court noted that the impugned criminal proceedings were before the Chief Magistrate's Anti-Corruption Court in Nairobi, which falls under the supervisory jurisdiction of the Anti-Corruption and Economic Crimes Division of the High Court; it therefore directed transfer for further hearing and determination rather than determining the leave application itself.
p. 1
Legal principles established
#- Proceedings in the Chief Magistrate's Anti-Corruption Court fall under the supervisory jurisdiction of the Anti-Corruption and Economic Crimes Division of the High Court, and judicial review applications concerning them must be filed there.
Court orders
#- 1.The suit be and is hereby transferred to the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi for further hearing and determination
- 2.The Applicant's Chamber Summons dated 21st April 2020 be placed before the Duty Judge at the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi on 23rd April 2020 for directions
- 3.The Deputy Registrar to send a copy of the ruling by electronic mail to the Applicant and to the Deputy Registrar of the Anti-Corruption and Economic Crimes Division by close of business that day
- Jurisdiction invoked
- High Court supervisory jurisdiction over the Chief Magistrate's Anti-Corruption Court, vested in the Anti-Corruption and Economic Crimes Division of the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Charles Mbugua Njuguna v Director of Public Prosecutions & another", Case Analysis (2020). Chamber Summons dated 21st April 2020 (Judicial Review). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.