[2020] KEHC 6217 (KLR)
The court determined that since the criminal proceedings in question are before the Limuru Law Courts, which fall under the supervisory jurisdiction of the Kiambu High Court, the application for judicial review orders should be heard and determined by the Kiambu High Court. Accordingly, the suit is transferred to...
Source-derived case information.
- Citation
- [2020] KEHC 6217 (KLR)
- Parties
- Applicant: Republic; Respondent: Inspector General of the National Police Service; Respondent: Director of Criminal Investigation; Respondent: Kiambu County, Directorate of Criminal Investigation; Respondent: Lari Sub-County, Directorate of Criminal Investigation; Respondent: Director of Public Prosecution; Interested Party: James Muthaka Njuguna; Applicant: Osoro Kennedy Omwoyo; Applicant: Isaac Kyai Nyamai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 85 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Transfer and Directions
- Outcome
- Application transferred to Kiambu High Court for further hearing and determination.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Prohibition Orders, Certiorari Orders, Criminal Prosecution, Supervisory Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Inspector General of the National Police Service
Respondent
Director of Criminal Investigation
Respondent
Kiambu County, Directorate of Criminal Investigation
Respondent
Lari Sub-County, Directorate of Criminal Investigation
Respondent
Director of Public Prosecution
Respondent
James Muthaka Njuguna
Interested Party
Osoro Kennedy Omwoyo
Applicant
Isaac Kyai Nyamai
Applicant
Procedural Posture
Judicial Review Application / Ruling on Transfer and Directions
Legal Issues
- 1 Whether the High Court at Nairobi has jurisdiction to hear and determine the application for judicial review orders relating to criminal proceedings in Limuru Law Courts.
- 2 Whether the application should be transferred to the Kiambu High Court, which has supervisory jurisdiction over the Limuru Law Courts.
Ratio Decidendi
The court determined that since the criminal proceedings in question are before the Limuru Law Courts, which fall under the supervisory jurisdiction of the Kiambu High Court, the application for judicial review orders should be heard and determined by the Kiambu High Court. Accordingly, the suit is transferred to the Kiambu High Court for further hearing and determination, and the Chamber Summons is to be placed before the Duty Judge at Kiambu High Court for directions.
Court Disposition
Application transferred to Kiambu High Court for further hearing and determination.
Orders
- This suit is hereby transferred to the Kiambu High Court for further hearing and determination.
- The ex parte Applicant’s Chamber Summons dated 27th April 2020 shall be placed before the Duty Judge at the Kiambu High Court on 7th May 2020 for directions.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 85 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR
JUDICIAL REVIEWORDERS OF PROHIBITION AND CERTIORARI
BETWEEN
REPUBLIC........................................................................................................................APPLICANT
VERSUS
INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE...............1ST RESPONDENT
DIRECTOR OF CRIMINAL INVESTIGATION...................................................2ND RESPONDENT
KIAMBU COUNTY, DIRECTORATE OFCRIMINAL INVESTIGATION......3RD RESPONDENT
LARI SUB-COUNTY, DIRECTORATE OF CRIMINAL INVESTIGATION.....4THRESPONDENT
DIRECTOR OF PUBLIC PROSECUTION............................................................5TH RESPONDENT
AND
JAMES MUTHAKA NJUGUNA........................................................................INTERESTED PARTY
EX PARTE APPLICANTS:
1. OSORO KENNEDY OMWOYO
2. ISAAC KYAI NYAMAI
RULING
The Application
1. The ex parte Applicants herein are aggrieved by a decision by the Respondents to charge them with the offence of stealing a motor vehicle in Criminal Case No 674 of 2019 in Limuru Law Courts. The ex parte Applicants have thus moved this Court in an application by way of Chamber Summons dated 27th April 2020, seeking orders that the said application be certified urgent, and for leave to apply for judicial review orders of certiorari and prohibition to quash and prohibit the said criminal proceedings.
2. The ex parte Applicants also seek orders that the said leave operate as a stay of their intended arrest, charging, arraignment and prosecution in the said criminal proceedings, and that the costs of the application be provided for. The application is supported by the ex parte Applicants’ Statutory Statement dated 27th April 2020, and a verifying affidavit sworn on the same date by the 1st ex parte Applicant.
3. I have perused the ex parte Applicants’ Chamber Summons dated 27th April 2020 and supporting documents, and note that the ex parte Applicants are seeking leave to bring orders in relation to criminal proceedings in the Limuru Law Courts, which are under the supervisory jurisdiction of the Kiambu High Court.
4. In the premises I direct and orders that this suit be and is hereby transferred to the Kiambu High Court for further hearing and determination. The ex parte Applicant’s Chamber Summons dated 27th April 2020 shall accordingly be placed before the Duty Judgeat theKiambu High Court on 7th May 2020, for directions.
5. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling and orders by electronic mail to the ex parte Applicants, and to the Deputy Registrar of the Kiambu High Court, by close of business on 4th May 2020.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 30th DAY OF APRIL 2020
P. NYAMWEYA
JUDGE