A Nairobi businesswoman wants the High Court to quash a decision by a magistrate's court withdrawing a forgery case against lawyer Guy Elms Spencer.
In an application filed under certificate of urgency, Agnes Kagure through Osundwa & Company Advocates, wants the court to quash the entire decision made on March 20 directing withdrawal of the criminal case.
Kagure says she wrote to the DPP on March 28 asking for reasons and documents in support of their decision to withdraw the case.
“On April 1 and 13, the applicant again renewed the request for reasons from the DPP this time under Article 35 of the Constitution citing the right to information but to date, there is no response from the respondents,” the court documents state.
She says the magistrate's ruling and the DPP's action have infringed on her rights.
She adds that the court and DPP relied on evidence not presented in court to arrive at a decision and they willfully disregarded a plethora of other evidence in the matter which could have sustained the case.
