United Millers Limited & 4 others v Inspector General of Police & 3 others [2020] eKLR Case Summary

Court
High Court of Kenya at Kisumu
Category
Civil
Judge(s)
T.W. Cherere
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the 2020 eKLR case summary of United Millers Limited & 4 others v Inspector General of Police & 3 others. Discover key legal insights and implications from this landmark ruling.

Case Brief: United Millers Limited & 4 others v Inspector General of Police & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: United Millers Limited & Others v. The Inspector General of Police & Others
- Case Number: Petition No. 10 of 2020
- Court: High Court of Kenya at Kisumu
- Date Delivered: October 23, 2020
- Category of Law: Civil
- Judge(s): T.W. Cherere
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court include:
- Whether the Petitioners' constitutional rights have been violated by the actions of the Respondents.
- Whether the criminal proceedings initiated by the Respondents are lawful and proper given the context of ongoing civil disputes.

3. Facts of the Case:
The Petitioners, comprising United Millers Limited and its directors, filed a petition against various Respondents, including the Inspector General of Police and the Directorate of Criminal Investigations. The case arose from a commercial dispute between United Millers Limited and B.N. Kotecha & Sons Limited regarding a breach of contract for the supply of sugar, which led to a civil suit. The Petitioners claimed that the Respondents' actions, including the intended arraignment on charges of conspiracy to defeat the course of justice, violated their constitutional rights.

4. Procedural History:
The Petitioners initially filed a civil suit in 2015 against B.N. Kotecha & Sons Limited for breach of contract. Following a consent judgment and subsequent disputes regarding payment, the 4th Respondent (B.N. Kotecha & Sons Limited) filed a complaint leading to the criminal charges against the Petitioners. The Petitioners sought to halt the criminal proceedings by filing this constitutional petition, asserting that their rights were being infringed.

5. Analysis:
- Rules: The court considered various constitutional provisions, including Articles 27 (equality before the law), 31 (right to privacy), 35 (right to information), 47 (right to fair administrative action), and 50 (right to a fair trial) of the Constitution of Kenya.
- Case Law: The court referenced several cases, including *Anarita Karimi Njeru v R (No 1)*, which emphasized the need for precision in constitutional petitions. The ruling in *Mumo Matemu v Trusted Society of Human Rights Alliance* reiterated that petitions must clearly state the alleged violations and the remedies sought.
- Application: The court found that the Petitioners failed to demonstrate how their rights were violated. It highlighted that the mere fact of being arraigned does not constitute a denial of access to justice, as the legal process allows for the defense of charges in court. The court ruled that the decision to charge the Petitioners was based on reasonable suspicion and did not violate their constitutional rights.

6. Conclusion:
The court dismissed the Petitioners' claims, concluding that they did not sufficiently demonstrate a violation of their constitutional rights. The ruling underscored the principle that ongoing civil proceedings do not preclude the initiation of criminal proceedings, as established by Section 193A of the Criminal Procedure Code.

7. Dissent:
There were no dissenting opinions reported in this case.

8. Summary:
The High Court of Kenya dismissed the petition filed by United Millers Limited and its directors against the Inspector General of Police and others, ruling that the Petitioners failed to establish a violation of their constitutional rights. The decision highlights the interplay between civil and criminal proceedings and reinforces the necessity for precise legal claims in constitutional petitions. The ruling serves as a significant precedent regarding the rights of individuals facing criminal charges amid ongoing civil disputes.

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