Protus Hamisi Wambanda v Elizabeth Shijeyi Shava; Eldoret Hospital (Interested Party) [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
Dr. M. A. Odeny
Judgment Date
September 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Protus Hamisi Wambanda v Elizabeth Shijeyi Shava; Eldoret Hospital [2020] eKLR. Gain insights into the judicial decisions and implications of this significant ruling.

Case Brief: Protus Hamisi Wambanda v Elizabeth Shijeyi Shava; Eldoret Hospital (Interested Party) [2020] eKLR

1. Case Information:
- Name of the Case: Protus Hamisi Wambanda v. Elizabeth Shijeyi Shava & Eldoret Hospital
- Case Number: ELC Case No. 46 of 2015
- Court: Environment and Land Court at Eldoret
- Date Delivered: September 22, 2020
- Category of Law: Civil
- Judge(s): Dr. M. A. Odeny
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court include whether the application for investigation into alleged perjury by the defendant is proper and whether the court has the authority to direct the Directorate of Criminal Investigations (DCI) to conduct such investigations.

3. Facts of the Case:
The plaintiff, Protus Hamisi Wambanda, filed an application on June 4, 2020, alleging that the defendant, Elizabeth Shijeyi Shava, committed perjury in her affidavit sworn on March 2, 2020. The affidavit was pivotal in a previous court order that the plaintiff claims was prejudicial to him. The case also involves Eldoret Hospital as an interested party. The plaintiff's counsel argued that the defendant's affidavit contained false statements regarding her signature on a consent that led to a court order dated September 21, 2017.

4. Procedural History:
The case progressed through the Environment and Land Court, where the plaintiff previously filed a consent to withdraw the suit against the defendant. Following the withdrawal, the plaintiff filed an application to set aside the consent, which the court ruled on May 26, 2020, ultimately setting aside the consent order. The current application seeks to investigate the defendant for perjury, which the court had to determine in light of previous rulings.

5. Analysis:
- Rules: The court considered provisions from the Penal Code regarding perjury, specifically Section 108, which defines perjury and outlines the necessary elements for establishing the offense. The court also referenced Articles 157 and 245 of the Kenyan Constitution, which delineate the independence of the DCI and the Director of Public Prosecutions (DPP) in investigating criminal conduct.
- Case Law: The court cited several cases, including *David Omwenga Maobe v. Republic* (2015) and *R v. Archer* (2003), which define perjury and clarify that false statements must be made deliberately. The court also referenced *Commissioner of Police & the Director of Criminal Investigation Department v. Kenya Commercial Bank Limited* (2013), emphasizing the importance of not using criminal processes to resolve civil disputes.
- Application: The court determined that the application was improper, as the matters raised were res judicata due to previous rulings on the legality of the consent. The court held that it could not compel the DCI to investigate based on the plaintiff's assertions without evidence of prior reports or failures to act by the DCI. The court concluded that the application was an abuse of the court process.

6. Conclusion:
The court dismissed the plaintiff's application, ruling that it lacked merit and that the issues raised were previously adjudicated. The court emphasized the importance of not using the criminal justice system to resolve civil disputes and upheld the independence of the DCI and DPP in conducting investigations.

7. Dissent:
There was no dissenting opinion recorded in this case.

8. Summary:
The Environment and Land Court dismissed Protus Hamisi Wambanda's application seeking to investigate Elizabeth Shijeyi Shava for perjury. The court reinforced the principle that criminal investigations should not be used to settle civil disputes and upheld the procedural integrity of the judicial process. This ruling highlights the courts' reluctance to interfere with independent prosecutorial discretion and the need for clear evidence before directing criminal investigations.

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