Director of Public Prosecution Noordin Haji has appealed decision by a magistrate court to acquit Africa Spirits Limited boss Humphrey Kariuki.
DPP Noordin Haji wants the high Court Haji also wants the high Court to declare the proceedings before the magistrate as amounting to a mistrial.
He also wants the court to quash or set aside the decision by the Magistrate acquitting Kariuki and his co-accused Peter Njenga, Robert Thinji, Eric Mulwa, Kepha Gakure, African Spirits limited and Wow Beverages limited.
The prosecution argues that the Magistrate erred in failing to discharge his judicial duties of maintaining an accurate and proper record of the proceedings before him thus the entire proceedings are a nullity and the Magistrate considered irrelevant or extraneous matters thus arriving at unjust decision in law.
According to the DPP, the lower court erred in declining to grant an adjournment on 7th December 2020 and adjourned the matter suo moto and without notice to the prosecution to the 8th December, 2020 thus his decision was actuated by other considerations other than the interests of justice and demonstrated outright bias as against the prosecution.
“The magistrate exceeded the jurisdiction conferred upon him under section 8 of the magistrates Courts Act by purporting to intervene and control the Director of Public Prosecutions in the exercise of his constitutional powered allegedly on the grounds of abuse of process without the benefit of any evidence to that effect”, adds Prosecution.
The Court heard the acquittal of the accused persons was not founded on any law or fact and therefore, the magistrate erred in law and fact by making a finding that to adjourn the matter indefinitely or pending consolidation would most likely be in vain and that an amendment to the charge would be unnecessary and inconsequential thus descending into the arena of litigation and making unsubstantiated, unjustified and erroneous finding thus occasioning a miscarriage of justice.
