https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11835
Because the application was duly served, remained unopposed, and the petitioner raised an arguable complaint that the criminal process was being used in a matter said to be civil and corporate in nature, the court granted conservatory relief to preserve the status quo pending hearing and determination of the petition.
Source-derived case information.
- Citation
- [2026] KEHC 11835 (KLR)
- Parties
- Petitioner: VIJAY KANT WALIA; 1st Respondent: DIRECTOR OF PUBLIC PROSECUTIONS; 2nd Respondent: DIRECTORATE OF CRIMINAL INVESTIGATIONS; 3rd Respondent: CHIEF MAGISTRATE’S COURT AT NAKURU
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Petition E028 of 2026
- Procedural Posture
- Constitutional Petition With Interlocutory Application for Conservatory Orders / Ruling on Notice of Motion Dated 29/6/2026
- Outcome
- Application allowed
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Conservatory Orders, Stay of Criminal Proceedings, Abuse of Prosecutorial Power, Malicious Prosecution Allegations, Arrest Warrant/red Notice/extradition Restraint, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VIJAY KANT WALIA
Petitioner
DIRECTOR OF PUBLIC PROSECUTIONS
1st Respondent
DIRECTORATE OF CRIMINAL INVESTIGATIONS
2nd Respondent
CHIEF MAGISTRATE’S COURT AT NAKURU
3rd Respondent
Procedural Posture
Constitutional Petition With Interlocutory Application for Conservatory Orders / Ruling on Notice of Motion Dated 29/6/2026
Legal Issues
- 1 Whether conservatory orders should issue staying the criminal proceedings in CMCC Criminal Case No. E700/2026
- 2 Whether the respondents should be restrained from issuing or executing any arrest warrant, Red Notice, or extradition request
- 3 Whether the prosecution is a disguised civil/corporate dispute rather than a criminal matter
Ratio Decidendi
Because the application was duly served, remained unopposed, and the petitioner raised an arguable complaint that the criminal process was being used in a matter said to be civil and corporate in nature, the court granted conservatory relief to preserve the status quo pending hearing and determination of the petition.
Court Disposition
Application allowed
Orders
- Conservatory orders issued as per prayers 3 and 4 to subsist until hearing and determination of the petition
- Costs of the application to be in the cause
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAKURU** **PETITION E028 OF 2026** **VIJAY KANT WALIA ……………………………...………….... PETITIONER** **VERSUS** **DIRECTOR OF PUBLIC PROSECUTIONS ………....... 1ST RESPONDENT** **DIRECTORATE OF CRIMINAL INVESTIGATIONS ..2ND RESPONDENT** **CHIEF MAGISTRATE’S COURT AT NAKURU ........... 3RD RESPONDENT** **RULING** * + 1. By Notice of Motion dated 29/6/2026 the Petitioner prays for these reliefs: 2. **Spent.** 3. **Spent.** 4. **THAT pending the hearing of this petition this honourable Court be please to issue a CONSERVATORY ORDER OF STAY suspending the criminal proceedings, prosecution, and further mention of Chief Magistrate’s Court Criminal Case No. E700/2026 (Republic v. Vijay Kant Walia).** 5. **THAT a CONSERVATORY ORDER be and is hereby issued restraining the 1st and 2nd Respondents, whether by themselves, their agents, servants, or any person acting under their authority, from issuing, enforcing, or executing any warrant of Arrest, Red Notice, or Extradiction Request against the Petitioner arising from the facts underlying the Charge Sheet in Court File No. E700/2026.** 6. The Petitioner, in a nutshell, avers in his affidavit in support of the Motion that he is being prosecuted over a transaction that is civil in nature. He states that the fraud charges against him relate to a parcel of land known as **Nakuru/**M**unicipality Block 16/167** his deceased mother bequeathed to him by a Will dated 14/1/2021. The Petitioner's deceased father is said to have been the original owner of the land. He was co-director of those who allegedly instigated the fraud charges, in a Company called **St. Michael's High School Nakuru Limited**. The Petitioner dismisses the charges as malicious and arising from corporate disputes. 7. Despite evidence of service of the Petition and the Application upon the Respondents, no replies have been put in. The Application is therefore deemed as unopposed. 8. The Application is allowed and conservatory orders issue as per prayers 3 and 4 to subsist until hearing and determination of this Petition. 9. The Costs of the Application shall be in the Cause. **J. M. NANG’EA, JUDGE.** **Ruling, dated, signed and delivered virtually this 29th day of July, 2026.** **In the presence of:** Mr. Githui Advocate for the Petitioner Respondents, Absent Court Assistant (Jeniffer) **J. M. NANG’EA, JUDGE.**