Case ID:168574

Republic v Director of Public Prosecution & 5 others; Symon Thuo Gachahi Muhia (Ex-Parte Applicant) [2020] eKLR

Case Metadata

Case Number:

Judicial Review Miscellaneous Application E053 of 2020

Parties:

Republic v Director of Public Prosecution, Inspector General of Police Sub County Criminal Investigation Officer Sccio Kayole , Directorate of Criminal Investigation Officerdcio Kayole Police Station Officer Commanding Station Kayole Police & Chief Magistrates Court Makadara Law Courts; Symon Thuo Gachahi Muhia (Ex-Parte Applicant)

Date Delivered:

28 Oct 2020

Case Class:

Criminal

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Director of Public Prosecution & 5 others; Symon Thuo Gachahi Muhia (Ex-Parte Applicant) [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Review ordered

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW MISC. APPLICATION NO. E053 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION

BETWEEN

REPUBLIC ...............................................................................APPLICANT

VERSUS

THE DIRECTOR OF PUBLIC PROSECUTION...........

1

ST

RESPONDENT

THE INSPECTOR GENERAL OF POLICE

..................2

ND

RESPONDENT

SUB COUNTY CRIMINAL INVESTIGATION

OFFICER

SCCIO KAYOLE

........................................3

RD

RESPONDENT

DIRECTORATE OF CRIMINAL INVESTIGATION

OFFICER

DCIO KAYOLE POLICE STATION

...........4

TH

RESPONDENT

THE OFFICER COMMANDING STATION

KAYOLE POLICE

........................................................5

TH

RESPONDENT

THE CHIEF MAGISTRATES COURT

MAKADARA LAW COURTS

......................................6

TH

RESPONDENT

EX-PARTE APPLICANT:..................SYMON THUO GACHAHI MUHIA

RULING

1. The

ex parte

Applicant herein, Symon Thuo Gachahi Muhia, has filed an application herein by way of a Chamber Summons dated 27

th

October 2020 , seeking the following orders:

1

That the matter be certified urgent.

2

That the leave be granted for the applicant to apply for:

a)

An order of judicial review of certiorari to remove into this court and quash as against the applicant herein the charges dated Wednesday 28th October 2020 intending to charge the applicant with the offence of obtaining money by false pretence contrary to section 313 of the Penal Code cap 63 laws of Kenya, in the Chief Magistrates Court Makadara.

b)

An order of Judicial Review of Prohibition directed towards the respondent prohibiting them from illegally and unprocedurally prosecuting or continuing with the criminal proceedings against the applicant in the chief magistrates court at Makadara or any other criminal court.

3

That the leave so granted to operate as a stay of the proceedings, against the applicant herein, pending before the chief magistrate court Makadara.

4

That the cost of the application be provided for.

2. The said

ex parte

Applicant has filed another Chamber Summons application also dated 27

th

October 2020 in

Nairobi H.C JR Application 1122 of 2020

, seeking the same orders against the same Respondents based on the same grounds and facts, and on which this Court has given a ruling.

3. The instant application is accordingly in abuse of the process of Court and is accordingly struck out with no order as to costs.

4. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the

ex parte

Applicant by electronic mail by close of business on

Thursday, 29

th

October 2020

.

5. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 28

th

DAY OF OCTOBER 2020

P. NYAMWEYA

JUDGE