"I need not wait for that date and time to come, I only need to be satisfied that such a threat is real."
He said the intention of Muiru Coffee Estate and Benjoh Amalgamated was clearly to use criminal process to open decisions already made by court.
Still pending
The judge pointed out that in interfering with criminal investigations or trial, the court had to balance between public and private interest.
"In this case the parties have been at loggerheads since 1992. Itâs really a matter between the two parties and it is in public interest that the integrity of the judicial process is preserved. The opening of criminal inquiry which would result in impugning lawful court decisions no doubt diminishes the standing of the court," Majanja concluded.
With that, he declared the police investigations a threat to KCBâs right to fair trial under Article 50 of the Constitution.
He restrained the CID, its officers and agents from summoning, arresting or in any way investigating KCB or its employees in relation to the dispute.
The civil disputes between the bank and the two companies are still pending in court. And so the drama continues.
The writer is a court reporter with Standard Group
Email. wthuku@standardmedia.co.ke
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