Articles

REPUBLIC OF KENYA

HIGH COURT OF KENYA AT MOMBASA

CRIMINAL REVISION NO. 585 OF 2018

(FROM CM’S COURT CRIMINAL CASE NO. 1707 OF 2018, MOMBASA)

YINGKAIGUAN...............................................................1ST APPLICANT
JORAM WANJAMA KAMAU.......................................2ND APPLICANT
HUMPHREY MWASHAVWA MZAME........................3RD APPLICANT

VERSUS

THE ANTI-COUNTERFEIT AGENCY............................RESPONDENT

RULING ON REVISION

1. The applicants being the accused persons in Mombasa Chief Magistrate’s Court Criminal Case No. 1707 of 2018 through a Notice of Motion dated 7th December, 2018 sought the following orders:

(i) Spent:

(ii) A temporary order be issued, staying the orders and further proceedings in CM’s Cr. Case No. 1707 of 2018 R-vs- Yingkaiguan & 2 others, pending the hearing and determination of this reference;

(iii) An order lifting the warrants of arrest issued on 28th November, 2018 or in the alternative that the same be held in abeyance pending the hearing and determination of this application and consequent reference;

(iv) An order requiring the Anti-Counterfeit (sic) to submit the investigation files to an independent prosecutor and in this case the Office of the Director of Public Prosecutions to re-assess the sufficiency of evidence as against the charge preferred as requested by the ODPP in a letter dated 30th November, 2018;

(v) An order directing the Office of the Director of Public Prosecutions to file the report/opinion within 30 days of the date of the receipt of the file;

(vi) An order requiring the Anti- Counterfeit Agency to file in court the copies of the Investigation file and a list of the available exhibits for inspection by the court; and

(vii) Upon compliance, the court to give direction on trial, quash the charge sheet or issue other orders as may appear prudent based
on the finding in the report and exhibits as may be filed in court by the Anti-Counterfeit Agency and the ODPP.

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