[2025] KEHC 9937 (KLR)
The court allowed the withdrawal of the application and petition as requested by the applicants, noting that there was no opposition from the respondents. The application was accordingly marked as withdrawn, and no further orders were made. The court exercised its discretion to permit withdrawal in the absence of...
Source-derived case information.
- Citation
- [2025] KEHC 9937 (KLR)
- Parties
- Applicant: Julius Ogogoh; Applicant: Khelef Khalifa; Applicant: Francis Auma; Applicant: Peter Agoro; Respondent: Inspector General of Police; Respondent: Office of the Director of Public Prosecutions; Respondent: Independent Oversight Authority
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E131 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Withdrawal of Application Before Directions
- Outcome
- Application withdrawn by leave of court.
- Judges
- DR Kavedza
- Legal Topics
- Private Prosecution, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Ogogoh
Applicant
Khelef Khalifa
Applicant
Francis Auma
Applicant
Peter Agoro
Applicant
Inspector General of Police
Respondent
Office of the Director of Public Prosecutions
Respondent
Independent Oversight Authority
Respondent
Procedural Posture
Miscellaneous Criminal Application / Withdrawal of Application Before Directions
Legal Issues
- 1 Whether the court should allow the withdrawal of the application for leave to institute private prosecution.
- 2 Whether there is any opposition to the withdrawal request.
Ratio Decidendi
The court allowed the withdrawal of the application and petition as requested by the applicants, noting that there was no opposition from the respondents. The application was accordingly marked as withdrawn, and no further orders were made. The court exercised its discretion to permit withdrawal in the absence of any objection or prejudice to the parties.
Court Disposition
Application withdrawn by leave of court.
Orders
- The application dated 11th June 2025 is marked as withdrawn.
Full Case Text
Judgment text and source record
28 paragraphs
Ogogoh & 3 others v Inspector General of Police & 2 others (Miscellaneous Criminal Application E131 of 2025) [2025] KEHC 9937 (KLR) (10 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9937 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E131 of 2025
DR Kavedza, J
July 10, 2025
Between
Julius Ogogoh
1st Applicant
Khelef Khalifa
2nd Applicant
Francis Auma
3rd Applicant
Peter Agoro
4th Applicant
and
Inspector General of Police
1st Respondent
Office of the Director of Public Prosecutions
2nd Respondent
Independent Oversight Authority
3rd Respondent
Ruling
1. The applicant filed the notice of motion dated 11th June 2025 seeking leave to institute private prosecution against the interested party the Deputy Inspector General of Police Mr. Eliud Kipkoech Lagat. Directions were issued by this court, and the matter was set down for directions.
2. On 10th July 2025, when the matter come for directions of the application, counsel for the applicant made an application to withdraw the application and petition on record. The prayer for withdrawal of the application was not opposed.
3. For the foregoing reasons, this application is marked as withdrawn.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 10TH DAY OF JULY 2025. .....................D. KAVEDZAJUDGE