[2025] KEHC 5116 (KLR)
The High Court at Kibera lacks territorial jurisdiction over matters originating from the Makadara Chief Magistrate’s Court. The proper forum for such applications is the Makadara High Court, which is vested with supervisory jurisdiction over the subject matter. As a result, the court declined to grant the...
Source-derived case information.
- Citation
- [2025] KEHC 5116 (KLR)
- Parties
- Applicant: Simon Waweru; Applicant: Molly Muthoni Waweru; Applicant: Luxx Windsor Motors; Respondent: John Gacheru Maina; Respondent: Director of Criminal Investigations; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E077 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Application for Conservatory Orders and Stay of Proceedings
- Outcome
- application struck out for want of jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Territorial Jurisdiction, Supervisory Jurisdiction, Conservatory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Simon Waweru
Applicant
Molly Muthoni Waweru
Applicant
Luxx Windsor Motors
Applicant
John Gacheru Maina
Respondent
Director of Criminal Investigations
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Application for Conservatory Orders and Stay of Proceedings
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to grant conservatory orders and stay proceedings in a matter originating from Makadara Chief Magistrate’s Court.
- 2 Whether the application should be struck out for want of jurisdiction.
Ratio Decidendi
The High Court at Kibera lacks territorial jurisdiction over matters originating from the Makadara Chief Magistrate’s Court. The proper forum for such applications is the Makadara High Court, which is vested with supervisory jurisdiction over the subject matter. As a result, the court declined to grant the conservatory orders and stay of proceedings sought by the applicants and struck out the application for want of jurisdiction.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application is struck out for lack of territorial jurisdiction.
- No orders as to conservatory relief or stay of proceedings are granted.
Full Case Text
Judgment text and source record
26 paragraphs
Waweru & 2 others v Maina & 2 others (Miscellaneous Criminal Application E077 of 2025) [2025] KEHC 5116 (KLR) (30 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5116 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E077 of 2025
DR Kavedza, J
April 30, 2025
Between
Simon Waweru
1st Applicant
Molly Muthoni Waweru
2nd Applicant
Luxx Windsor Motors
3rd Applicant
and
John Gacheru Maina
1st Respondent
Director of Criminal Investigations
2nd Respondent
Director of Public Prosecutions
3rd Respondent
Ruling
1. The applicant filed the present undated application received on 25th April 2025. In the main, the applicant sought the conservatory orders and stay of proceedings before the trial court.
2. Having considered the application, the supporting affidavit, and the applicable law, it is noted that the matter emanates from Makadara Chief Magistrate’s Court.
3. The court vested with supervisory jurisdiction over this subject matter is Makadara High Court. Consequently, I decline to grant the orders sought for lack of territorial jurisdiction.The application is consequently struck out.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 30THDAY OF APRIL 2025D. KAVEDZAJUDGE