Case ID:168574
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
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