[2025] KEHC 413 (KLR)
The court declined to certify the application as urgent because no interim orders were sought and no urgency was demonstrated in the application or supporting affidavit. The court emphasized that urgency must be established by clear averments or evidence of imminent harm or exceptional circumstances. In the absence...
Source-derived case information.
- Citation
- [2025] KEHC 413 (KLR)
- Parties
- Applicant: Nicholas Alexander Nesbitt; Respondent: The Director Of Public Prosecutions; Respondent: The Directorate Of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E014 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Certification of Urgency and Directions for Service
- Outcome
- Application for certification as urgent declined; directions for service and filing given.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Certification of Urgency, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Alexander Nesbitt
Applicant
The Director Of Public Prosecutions
Respondent
The Directorate Of Criminal Investigations
Respondent
Procedural Posture
Judicial Review Application / Ruling on Certification of Urgency and Directions for Service
Legal Issues
- 1 Whether the application should be certified as urgent.
- 2 What directions should be given regarding service and filing of responses.
Ratio Decidendi
The court declined to certify the application as urgent because no interim orders were sought and no urgency was demonstrated in the application or supporting affidavit. The court emphasized that urgency must be established by clear averments or evidence of imminent harm or exceptional circumstances. In the absence of such, the matter should proceed in the ordinary course. The court then issued directions for prompt service of the originating motion on the respondents, timelines for filing responses and further affidavits, and set a mention date to confirm compliance and fix a judgment date. The ruling underscores the procedural fairness required in judicial review proceedings and the...
Court Disposition
Application for certification as urgent declined; directions for service and filing given.
Orders
- Application not certified as urgent.
- Applicant to serve originating motion on respondents within 5 days.
Full Case Text
Judgment text and source record
24 paragraphs
Nesbitt v Director of Public Prosecutions & another (Judicial Review Application E014 of 2025) [2025] KEHC 413 (KLR) (Judicial Review) (24 January 2025) (Ruling)
Neutral citation: [2025] KEHC 413 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E014 of 2025
RE Aburili, J
January 24, 2025
Between
Nicholas Alexander Nesbitt
Applicant
and
The Director Of Public Prosecutions
1st Respondent
The Directorate Of Criminal Investigations
2nd Respondent
Ruling
1. I have considered the application dated 23/1/2025 filed simultaneous with the Originating Motion, the supporting affidavit and annextures. As there are no interim orders sought, I find no urgency involved. I therefore decline to certify it as urgent.
2. I direct that the applicant serves the originating motion upon the Respondents forthwith and in any event, not later than 5 days of today upon which the Respondents will have 5 days of date of service to file and serve their responses to the motion. The applicant will then have 5 days of date of service within which to file and serve further affidavit if need arises, together with written submissions.
3. The Respondents will thereafter have 5 days of date of service to file and serve their supplementary affidavit if need be, together with written submissions.
4. Mention on 17/2/2025 to confirm compliance, brief highlights if need be and to fix a judgment date.
5. This Ruling to be typed forthwith and uploaded. The applicant to be notified to comply and serve a copy of this Ruling together with the originating motion, upon the Respondents.
6. I so order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 24THDAY OF JANUARY, 2025R.E. ABURILIJUDGE