[2025] KEHC 2030 (KLR)
The court found that since the applicants and their colleagues were charged at Milimani Law Courts, the proper forum for the application is the Milimani High Court. The High Court at Kibera therefore lacks the appropriate jurisdiction to entertain the application. The file must be transferred to Milimani High Court...
Source-derived case information.
- Citation
- [2025] KEHC 2030 (KLR)
- Parties
- Applicant: Peter Manga Ndwiga; Applicant: Alfred Mwadime Mlolw; Applicant: Tarsisio Iruki Ituuru; Applicant: Malova Hesbon Nyikuri; Applicant: Langat Kimutai David; Applicant: John Kipkemoi Sigei; Applicant: Andrew Ayarah Okwach; Applicant: David Kalachi Moyia; Applicant: Bernard Ngunjiri Maina; Applicant: David Ogega Nyangau; Applicant: John M. Njugunah; Applicant: Wilfred Kembero Aima; Respondent: Director of Public Prosecution; Respondent: Director of Criminal Investigations; Respondent: Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E029 of 2025
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Transfer of File
- Outcome
- Application declined; file transferred to Milimani High Court.
- Judges
- DR Kavedza
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Manga Ndwiga
Applicant
Alfred Mwadime Mlolw
Applicant
Tarsisio Iruki Ituuru
Applicant
Malova Hesbon Nyikuri
Applicant
Langat Kimutai David
Applicant
John Kipkemoi Sigei
Applicant
Andrew Ayarah Okwach
Applicant
David Kalachi Moyia
Applicant
Bernard Ngunjiri Maina
Applicant
David Ogega Nyangau
Applicant
John M. Njugunah
Applicant
Wilfred Kembero Aima
Applicant
Director of Public Prosecution
Respondent
Director of Criminal Investigations
Respondent
Inspector General of Police
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Transfer of File
Legal Issues
- 1 Whether the High Court at Kibera is the proper forum for the application given the applicants were charged at Milimani Law Courts.
- 2 Whether the application should be transferred to Milimani High Court for hearing and determination.
Ratio Decidendi
The court found that since the applicants and their colleagues were charged at Milimani Law Courts, the proper forum for the application is the Milimani High Court. The High Court at Kibera therefore lacks the appropriate jurisdiction to entertain the application. The file must be transferred to Milimani High Court for further directions.
Court Disposition
Application declined; file transferred to Milimani High Court.
Orders
- The application is declined.
- The file is to be transferred to Milimani High Court immediately.
Full Case Text
Judgment text and source record
47 paragraphs
Ndwiga & 11 others v Director of Public Prosecution & 2 others (Criminal Miscellaneous Application E029 of 2025) [2025] KEHC 2030 (KLR) (14 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2030 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Miscellaneous Application E029 of 2025
DR Kavedza, J
February 14, 2025
Between
Peter Manga Ndwiga
1st Applicant
Alfred Mwadime Mlolw
2nd Applicant
Tarsisio Iruki Ituuru
3rd Applicant
Malova Hesbon Nyikuri
4th Applicant
Langat Kimutai David
5th Applicant
John Kipkemoi Sigei
6th Applicant
Andrew Ayarah Okwach
7th Applicant
David Kalachi Moyia
8th Applicant
Bernard Ngunjiri Maina
9th Applicant
David Ogega Nyangau
10th Applicant
John M. Njugunah
11th Applicant
Wilfred Kembero Aima
12th Applicant
and
Director of Public Prosecution
1st Respondent
Director of Criminal Investigations
2nd Respondent
Inspector General of Police
3rd Respondent
Ruling
1. I have gone through the Notice of motion application dated 13th February 2025 and affidavit of Andrew Ayarah Okwach of even date sworn on his behalf and on behalf of his co-applicants.
2. The Applicant has annexed a charge sheet (Annexure AOA-4) at paragraph 4 of the affidavit.
3. According to the said annexure, the applicants’ colleagues were charged at Milimani Law Courts on 13th February 2025.
4. It is therefore prudent that this application is filed at Milimani High Court.
5. I accordingly decline to grant the orders and direct that this file be transferred to Milimani High Court immediately.
6. The file shall be placed before the Deputy Registrar (DR) at 2pm today, 14th February 2025 for directions.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 14TH FEBRUARY 2025. D. KAVEDZAJUDGE