By Andrew Kariuki

Benson Sande Ndeta’s attempt to stop an ongoing criminal trial has triggered a fresh legal contest at the High Court in Nairobi involving parties opposing the move and seeking to be enjoined in the proceedings.

The application seeks to suspend Milimani Criminal Case No. E1218 of 2024, a request that has now drawn sharp resistance from Donald Kiboro Mwaura, John Gachanga Kaiganane and Savannah Heights Limited, who argue that the case should be allowed to proceed.

Through their legal team, which includes lawyer Danstan Omari, the applicants maintain that they have a direct stake in the matter and that their inclusion is necessary for the court to fully determine the issues at hand.

They argue that the attempt to halt the proceedings is not new, pointing out that a similar application had previously been dismissed by the High Court, which upheld the Director of Public Prosecutions’ authority to institute the charges.

“The issue of stopping the prosecution has already been addressed, with the court affirming that the DPP acted within his constitutional mandate,” they state.

According to the applicants, bringing back the same arguments amounts to re-litigating settled issues and risks undermining the integrity of the judicial process.

They further insist that criminal proceedings should not be interrupted through repeated applications, noting that any disputes regarding evidence or liability should be resolved during trial.

“Criminal proceedings ought to proceed, with all issues being ventilated before the trial court,” they argue.

In a supporting affidavit, John Gachanga Kaiganane states that halting the case would be unjust and prejudicial to parties with legitimate interests, emphasizing the need to allow the legal process to run its course.

The applicants also reject reliance on civil proceedings as a basis for stopping the criminal case, maintaining that civil disputes do not determine criminal responsibility.

The High Court is now set to rule on whether the interested parties will be admitted into the case and whether Ndeta’s application to suspend the proceedings meets the required legal threshold.