Maleya v OCS Kangemi Police Station & another

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **JUDICIAL REVIEW NO. E284 OF 2026** **HON. HAMISI SULEIMAN MALEYA………………………….……………APPLICANT** **VERSUS** **THE OCS KANGEMI POLICE STATION……………………….………RESPONDENT** **AND** **CHRISTOPHER ONGARA…………………………………...…. INTERESTED PARTY** **RULING** 1. These proceedings were initiated by way of an originating motion, dated 3rd August 2026, seeking an order of injunction and prohibition, to bar the respondent from conducting criminal investigations on the applicant, and forwarding the investigations file to the prosecutorial authorities. The matter was placed before me, on 3rd August 2026, under certificate of urgency, and I gave directions, relating to service, filing of responses and written submissions, and I allocated a date for judgement, being 30th October 2026. 2. Contemporaneously filed with the originating motion was an interlocutory motion, of even date, seeking interim relief by way of injunction and prohibition, to restrain the respondent from investigating the matter, and forwarding the investigations file to the prosecutorial authorities. I directed that responses, rejoinders and written submissions, on that interlocutory motion be filed and exchanged, and I fixed it for ruling on 31st August 2026. I noted, in those directions, on the interlocutory motion, that the plea was scheduled for 4th August 2026, before the criminal trial court. 3. I declined to grant temporary relief *ex parte*. The basis for that was that since the principal proceedings turn solely on investigations, and the decision to charge had already been made, and the applicant was due to be arraigned in court on 4th August 2026, a day after the matter was placed before me, all the indications were that the investigations by the police had been concluded, and the prosecution file had been forwarded to the prosecutorial authorities, and a decision to prosecute had been taken, hence the orders sought in the interlocutory application, and, indeed, in the originating motion itself, had been overtaken by events. There were no further investigations to be prevented, and no forwarding of the prosecution file was pending. It also meant that, if the matter was to be placed before a criminal trial court, within 24 hours, the issues being raised, in these interlocutory proceedings, could very well be handled by the criminal trial court. 4. I would reiterate, the decision of 3rd August 2026, declining to grant any interlocutory relief, for the same reasons. There is nothing to stop, by way of interim injunction and interim prohibition, in the circumstances. Consequently, I do hereby confirm the order made on 3rd August 2026; and decline to grant the orders sought in the motion, dated 3rd August 2026, and dismiss the said motion. The directions, on the originating motion, remain intact, inclusive of the mention scheduled for 5th October 2026. Orders accordingly. **DELIVERED, VIA CTS, DATED AND SIGNED IN CHAMBERS, AT NAIVASHA, ON THIS 31ST DAY OF AUGUST 2026.** **WM MUSYOKA** **JUDGE** **Mr. Abdirahman, Court Assistant.** **Advocates** **Messrs Ashioya Mogire & Nkatha, Advocates for the applicant.**