[2025] KEHC 217 (KLR)
The court cannot proceed substantively with the judicial review application until the formal order of transfer and the original proceedings from the Kiambu High Court are received. To regularize the process and ensure the court is properly seized of the matter, the Deputy Registrar of the Kiambu High Court is...
Source-derived case information.
- Citation
- [2025] KEHC 217 (KLR)
- Parties
- Applicant: Republic; Respondent: Inspector General Of Police; Respondent: National Police Service; Respondent: Director Of Criminal Investigation; Respondent: Attorney General; Applicant: Maalim Adan Kassim
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E001 of 2025
- Procedural Posture
- Judicial Review Application / Directions
- Outcome
- Directions issued for transmission of transfer order and original file; matter set for mention for further directions.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Inspector General Of Police
Respondent
National Police Service
Respondent
Director Of Criminal Investigation
Respondent
Attorney General
Respondent
Maalim Adan Kassim
Applicant
Procedural Posture
Judicial Review Application / Directions
Legal Issues
- 1 Whether the court has jurisdiction to proceed in the absence of a formal transfer order and original proceedings from the Kiambu High Court.
- 2 What directions should be issued to regularize the transfer and ensure the court is properly seized of the matter.
Ratio Decidendi
The court cannot proceed substantively with the judicial review application until the formal order of transfer and the original proceedings from the Kiambu High Court are received. To regularize the process and ensure the court is properly seized of the matter, the Deputy Registrar of the Kiambu High Court is directed to transmit the transfer order and the original file. The matter is set for mention for further directions once the necessary documents are availed.
Court Disposition
Directions issued for transmission of transfer order and original file; matter set for mention for further directions.
Orders
- Deputy Registrar, Kiambu High Court to transmit the order of transfer and original court file to this court.
- Directions to be typed and served upon the Deputy Registrar High Court for expeditious action.
Full Case Text
Judgment text and source record
33 paragraphs
Republic v Inspector General of Police & 3 others; Kassim (Exparte) (Judicial Review Application E001 of 2025) [2025] KEHC 217 (KLR) (Judicial Review) (20 January 2025) (Directions)
Neutral citation: [2025] KEHC 217 (KLR)
KIAMBU JR NO. E027 OF 2024
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E001 of 2025
RE Aburili, J
January 20, 2025
Between
Republic
Applicant
and
The Inspector General Of Police
1st Respondent
National Police Service
2nd Respondent
The Director Of Criminal Investigation
3rd Respondent
The Attorney General
4th Respondent
and
Maalim Adan Kassim
Exparte
Directions
1. This matter was originally filed at Kiambu High Court vide Judicial Review E027/2024. On 16/10/2024, the Judge (D. Chepkwony J) granted leave to apply for Judicial Review Orders of certiorari, prohibition and directions.
2. The ex-parte applicant filed the substantive Notice of Motion on 6/11/2024.
3. The file was then directed to be transferred to this court which has geographical jurisdiction to hear and determine the matter.
4. However, the court does not have the order for transfer and neither have the proceedings from Kiambu High Court been availed.
5. The matter is for mention on 4/2/2025 for directions inter-parties.
6. I direct the Deputy Registrar, Kiambu High Court to transit the order of transfer of the file to this court and also submit to this court the original court file containing court proceedings for our further action.
7. These directions to be typed and served upon the Deputy Registrar High Court for expeditious action.
R.E. ABURILIJUDGE20/1/2025