Alfred Nyandieka v Director of Public Prosecutions & 2 others [2020] eKLR Case Summary

Court
High Court of Kenya at Kajiado
Category
Civil
Judge(s)
E. C. Mwita
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Alfred Nyandieka v Director of Public Prosecutions & 2 others [2020] eKLR, highlighting key legal principles and implications. Stay informed on this significant legal decision.

Case Brief: Alfred Nyandieka v Director of Public Prosecutions & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Alfred Nyandika v. The Director of Public Prosecutions & Others
- Case Number: Constitutional Petition No. 14 of 2019
- Court: High Court of Kenya at Kajiado
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): E. C. Mwita
- Country: Kenya

2. Questions Presented:
The central legal issues in this case revolve around whether the intended arrest and prosecution of the petitioner, Alfred Nyandika, for trespassing while performing his duties as an advocate infringes upon his constitutional rights and whether the respondents acted within their legal mandate.

3. Facts of the Case:
The petitioner, Alfred Nyandika, is an advocate representing clients charged in a criminal case involving land Parcel No. Kajiado/Mailua/1226. He visited the land to meet potential witnesses and prepare his clients' defense. Following his visit, he learned that both his clients and the witnesses he had identified were arrested for trespassing on the land. On 12th July 2019, police officers visited his chambers, claiming to have an arrest warrant against him for the same alleged trespass. The petitioner contended that this action was an attempt to intimidate him and his clients, thereby infringing on his rights as an advocate.

4. Procedural History:
The petitioner filed a constitutional petition on 18th July 2019, seeking declarations that the intended arrest and prosecution were unconstitutional and violated his rights. The respondents, including the Director of Public Prosecutions, the Inspector General of Police, and the Attorney General, provided affidavits in response, asserting that the petitioner had acted unlawfully by trespassing on the complainant's land. The case progressed through the High Court, where both parties submitted their arguments and supporting legal precedents.

5. Analysis:
- Rules: The court considered various constitutional provisions, including Articles 27 (equality before the law), 28 (human dignity), 29 (freedom from arbitrary arrest), 43 (economic and social rights), 48 (access to justice), and 50 (fair trial rights).

- Case Law: The court referenced several prior rulings, including:
- *Republic v Ahmad Abolfathi Mohammed & Another* which emphasized the role of advocates in upholding justice.
- *Thuita Mwangi & 2 Others v Ethics & Anti-Corruption Commission*, which highlighted the police's duty to investigate complaints in good faith.
- *Republic v Attorney General Ex parte Kipngeno Arap Ngeny*, which discussed the necessity for a factual basis before prosecution can commence.

- Application: The court found that the petitioner was acting within his professional capacity when he visited the land to prepare his clients' defense. It ruled that the actions of the respondents were motivated by ulterior motives, as there was no evidence that the petitioner had committed an offense. The court determined that the respondents failed to uphold the constitutional principles of justice and fairness in their actions against the petitioner.

6. Conclusion:
The court ruled in favor of the petitioner, declaring that the intended arrest and prosecution were unconstitutional, thereby infringing upon his rights as an advocate. The court prohibited the respondents from proceeding with any criminal charges against him related to his professional duties. This ruling reinforces the independence of legal practitioners and the importance of protecting their rights to ensure fair trial processes.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya ruled in favor of Alfred Nyandika, an advocate, asserting that the intended arrest and prosecution for trespass while performing his professional duties were unconstitutional. This case underscores the significance of protecting the rights of legal practitioners and ensuring that they can perform their roles without fear of intimidation or retaliation, thereby upholding the rule of law and the integrity of the judicial system.

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