By IBRAHIM AKWABI
June 12, 2026| The High Court in Kakamega has dismissed an application by advocate Charles Anyanga Malalah seeking to stop criminal proceedings against him over an alleged fraudulent land transaction involving parcel number North Wanga/Kholera/937, paving the way for the case to proceed to full hearing before the Chief Magistrate’s Court.
In a judgment delivered on June 8, 2026, Justice Stephen Mbungi (pictured) ruled that the Director of Public Prosecutions (DPP) acted within the law in instituting criminal charges and found no basis for the court to interfere with the prosecution.
Malalah had moved the Judicial Review Division of the High Court through Judicial Review Application No. E010 of 2022, seeking orders of certiorari, prohibition and mandamus against the DPP, the County Criminal Investigations Officer and the Chief Magistrate’s Court in Kakamega. Ali Aman Kingi was named as the interested party in the matter.
The advocate argued that the dispute stemmed from a land sale agreement and was therefore civil in nature. He contended that the criminal case amounted to an abuse of court process and accused the prosecution of acting improperly and outside its constitutional mandate.
However, the court found that investigations had disclosed allegations that went beyond an ordinary contractual disagreement and raised issues capable of constituting criminal offences.
According to the judgment, investigators uncovered allegations of impersonation, forgery of land documents, fraudulent transfer of funds and conspiracy. The court further noted that investigations had identified several suspects and that some of the funds under scrutiny allegedly passed through accounts linked to the applicant.
Justice Mbungi held that the DPP’s office had acted within the powers granted under Article 157(6) of the Constitution and that no evidence had been presented to demonstrate bad faith, malice or abuse of prosecutorial discretion.
“The DPP acted within constitutional and statutory powers, and no abuse of discretion has been demonstrated,” the judge ruled.
In reaching the decision, the court relied on previous decisions which have consistently held that courts should only interfere with prosecutorial decisions where there is proof of illegality, irrationality or improper motive.
Malalah had also argued that the criminal proceedings were intended to pressure him and improperly convert a civil dispute into a criminal case. However, Justice Mbungi found that the respondents had demonstrated that investigations had been conducted and that there existed a factual foundation upon which charges were preferred.
The court observed that the existence of civil remedies does not prevent criminal proceedings where facts reveal possible criminal conduct. Justice Mbungi noted that allegations involving forged title documents, impersonation of a seller and suspicious movement of money could not be dismissed as merely contractual disputes.
“The matter is not purely civil but discloses criminal offences worthy of trial,” the court held.
The judge further emphasized that judicial review proceedings are concerned with the legality of the decision-making process and not with determining the merits of the criminal charges. The court found that investigations had been properly undertaken and that there had been no breach of constitutional or statutory safeguards.
Justice Mbungi stated that allegations of fraud and forgery should be tested through evidence and witness testimony at the trial court rather than being prematurely terminated through judicial review proceedings.
Consequently, the court dismissed Malalah’s Notice of Motion dated October 18, 2022, declined all the orders sought and directed that the criminal proceedings before the Kakamega Chief Magistrate’s Court proceed to full hearing.
Each party was ordered to bear its own costs, while the court explained the right of appeal within 14 days.
The ruling now clears the way for prosecutors to proceed with the case, where allegations surrounding the disputed North Wanga/Kholera/937 land transaction will be fully ventilated before the trial court.