Wednesday, March 14, 2007

Criminal prosecutions wrong jurisprudence for civil cases


Yesterday, the Court of appeal barred the subordinate courts from continuing with the criminal prosecution of former Kenyatta National Hospital (KNH) director, Mr Hosea Waweru, and then chief legal officer, Mr Jorum Mwenda Guantai, on the basis that ..." it is wrong jurisprudence to attempt to rescind lawfully executed contracts by criminally prosecuting the officials of a State Corporation, who are deemed to have breached the regulations."

As one wise judge has previously noted, every civil action can be criminally prosecuted..and hence criminal prosecutions should be commenced in clear cases.

What a relief...that our Court of Appeal is still on top of legal jurisprudence in this country.




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