[2025] KEHC 1316 (KLR)
The court dismissed the petitioners' application for protection orders because neither the petitioners nor their counsel appeared to prosecute the application on the scheduled hearing date. The absence of the applicants or their legal representatives meant that the court could not proceed to hear the merits of the...
Source-derived case information.
- Citation
- [2025] KEHC 1316 (KLR)
- Parties
- Applicant: Oichoe Hans Kevin; Applicant: Zahra Salim Darvesh; Applicant: Imran Husseinali Sherali; Applicant: Fatmabhai Sherali Esmail; Applicant: Farhan Salim Darveshi; Respondent: Directorate Of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E002 of 2025
- Procedural Posture
- Criminal Petition / Ruling on Notice of Motion for Protection Orders; Dismissal for Want of Prosecution
- Outcome
- petition dismissed for want of prosecution
- Judges
- DR Kavedza
- Legal Topics
- Protection Orders, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Oichoe Hans Kevin
Applicant
Zahra Salim Darvesh
Applicant
Imran Husseinali Sherali
Applicant
Fatmabhai Sherali Esmail
Applicant
Farhan Salim Darveshi
Applicant
Directorate Of Criminal Investigations
Respondent
Procedural Posture
Criminal Petition / Ruling on Notice of Motion for Protection Orders; Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the petitioners' application for protection orders should be entertained in the absence of prosecution by the applicants.
Ratio Decidendi
The court dismissed the petitioners' application for protection orders because neither the petitioners nor their counsel appeared to prosecute the application on the scheduled hearing date. The absence of the applicants or their legal representatives meant that the court could not proceed to hear the merits of the application, and in accordance with established procedural law, such applications are dismissed for want of prosecution. The court exercised its discretion to dismiss the matter, ensuring judicial time is not wasted on unprosecuted applications.
Court Disposition
petition dismissed for want of prosecution
Orders
- The petition is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
27 paragraphs
Kevin & 4 others v Directorate of Criminal Investigations (Criminal Petition E002 of 2025) [2025] KEHC 1316 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEHC 1316 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Petition E002 of 2025
DR Kavedza, J
March 4, 2025
Between
Oichoe Hans Kevin
1st Petitioner
Zahra Salim Darvesh
2nd Petitioner
Imran Husseinali Sherali
3rd Petitioner
Fatmabhai Sherali Esmail
4th Petitioner
Farhan Salim Darveshi
5th Petitioner
and
Directorate Of Criminal Investigations
Respondent
Ruling
1. The Petitioners filed a notice of motion dated 21st February 2025 seeking protections orders against the respondent. The application is supported by an affidavit sworn by the 1st Petitioner.
2. Directions were issued and the matter was set down for hearing on 4th March 2025.
3. On 4th March 2025, neither the Petitioners nor their counsel was present to prosecute their application.
4. The Petition is consequently dismissed for want of prosecution.Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH MARCH 2025. ..................................D. KAVEDZAJUDGE