Benson Sande Ndeta’s attempt to halt an ongoing criminal case has triggered a fresh legal contest at the High Court in Nairobi, with new parties seeking to be enjoined and opposing the move.
The matter centres on an application to suspend proceedings in Milimani Criminal Case No. E1218 of 2024—a request now being challenged by individuals who argue that the issues raised have already been determined.
Donald Kiboro Mwaura, John Gachanga Kaiganane, and Savannah Heights Limited have filed an application seeking to be joined as interested parties, stating that they have a direct stake in the outcome of the case.
They contend that the attempt to halt the prosecution is not new, pointing to an earlier High Court ruling that upheld the authority of the Director of Public Prosecutions (DPP) to institute the case.
In that decision, the court found that the prosecution was lawfully initiated and should proceed—a position the applicants argue remains binding.
They now maintain that revisiting the same issues amounts to an abuse of the court process.
“A similar application seeking to halt the criminal proceedings was dismissed, with the court affirming that the DPP acted within his constitutional mandate,” they state.
The applicants further argue that criminal proceedings should not be interrupted through repeated applications, insisting that any disputes relating to evidence or liability should be addressed during the trial.
“Criminal proceedings ought to be allowed to proceed, with any issues being ventilated before the trial court,” they add.
In a supporting affidavit, John Gachanga Kaiganane emphasises the need to safeguard the integrity of the judicial process, cautioning against halting the case without sufficient legal grounds.
He notes that allowing the application would be contrary to the interests of justice and could prejudice parties with a legitimate stake in the matter.
The applicants also dismiss reliance on parallel civil proceedings as a basis for suspending the criminal case, arguing that such matters do not determine criminal liability.
The High Court is now expected to rule on whether to admit the interested parties into the proceedings and whether the application to suspend the criminal case meets the required legal threshold.
