[2025] KEHC 8341 (KLR)
The court found that the application for leave to apply for judicial review was not frivolous and therefore granted leave. However, the court declined to grant a stay of the criminal proceedings, noting that the applicant had delayed in seeking relief and that a warrant of arrest had already been issued for failure...
Source-derived case information.
- Citation
- [2025] KEHC 8341 (KLR)
- Parties
- Applicant: Michael Auka Ajwang; Respondent: Attorney General; Respondent: Chief Magistrate’s Court (Kibera); Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 16 June 2025
- Case Number
- Judicial Review Application E156 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Stay Application
- Outcome
- Leave to apply for judicial review granted; application for stay of criminal proceedings declined; no order as to costs; file closed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Leave to Apply, Stay of Criminal Proceedings, Warrant of Arrest
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Auka Ajwang
Applicant
Attorney General
Respondent
Chief Magistrate’s Court (Kibera)
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave and Stay Application
Legal Issues
- 1 Whether the applicant should be granted leave to apply for judicial review orders.
- 2 Whether the leave granted should operate as a stay of the criminal proceedings against the applicant.
Ratio Decidendi
The court found that the application for leave to apply for judicial review was not frivolous and therefore granted leave. However, the court declined to grant a stay of the criminal proceedings, noting that the applicant had delayed in seeking relief and that a warrant of arrest had already been issued for failure to attend court. Additionally, the applicant had admitted to receiving money from the complainant, which formed the basis of one of the charges. The court concluded that these factors made it inappropriate to stay the criminal proceedings at this stage.
Court Disposition
Leave to apply for judicial review granted; application for stay of criminal proceedings declined; no order as to costs; file closed.
Orders
- Leave to apply for judicial review orders is granted.
- The main motion to be filed and served within 21 days in a fresh Judicial Review File.
Full Case Text
Judgment text and source record
26 paragraphs
Ajwang v Attorney General & 2 others (Judicial Review Application E156 of 2025) [2025] KEHC 8341 (KLR) (Judicial Review) (16 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8341 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E156 of 2025
RE Aburili, J
June 16, 2025
Between
Michael Auka Ajwang
Applicant
and
The Attorney General
1st Respondent
Chief Magistrate’s Court (Kibera)
2nd Respondent
Director of Public Prosecutions
3rd Respondent
Ruling
1. The application dated 13/6/2025 is not certified urgent. On the prayer for leave to apply, I have considered the application, statement of facts and annextures. I am satisfied that the application is not frivolous on the face of it.
2. I grant leave to the applicant to apply for Judicial Review Orders sought in the chamber summons dated 13/6/2025. The main motion to be filed and served within 21 days of today and in a fresh Judicial Review File.
3. On whether the leave so granted should operate as stay of the criminal proceedings, I decline to grant that prayer noting that the applicant has taken a while before approaching this court and there was a warrant of arrest issued against him on 12/9/2024 for failure to attend the criminal court at Kibera in the Chief Magistrate’s Court Cr. E1884/2024.
4. The applicant has also filed statements showing that he received money from the complainant, interested party, forming the basis of Count III of the charges against him, of obtaining money by false pretences, among other charges.
5. I find that this is not a proper case for an order staying criminal proceedings. I decline to grant the order for stay.
6. I make no orders as to costs. This file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16THDAY OF JUNE, 2025R.E. ABURILIJUDGE