Aaron Kili Ngea v Republic [2016] KEHC 2108 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

CRIMINAL MISC APPLICATION NO. 29 OF 2016

AARON KILI NGEA ................................................................APPLICANT

VERSUS

REPUBLIC ............................................................................RESPONDENT

R U L I N G

The applicant, vide a Notice of Motion dated 9th March, 2016 has sought to have SAFARICOM KENYA LTD ordered to provide to the accused mobile data to all received and made telephone calls for the accused’s mobile telephone No 0714-710280 and 0722-752702 for 26th  April, 2014 and both April 2014.

They also sought to have criminal case No 5 of 2014, Republic Vrs Aaron Kili Ngea stayed  pending the provision of the said data. The application has not been opposed in terms of the first prayer. And the applicants have equally not contested the objection to prayer No 2 being granted.

In the circumstances, the applicants are granted the orders sought for in prayer number 1 to the effect that SAFARICOM KENYA LTD  be and is herby ordered to provide to the accused/applicant mobile data i.e. received and made  telephone calls on his mobile telephones Nos. 0171-710280 and 0722 -752702 for 26th April, 2014 and 30th April, 2014.

Ruling signed, dated and delivered this 26th day of October, 2016.

D. O. CHEPKWONY

JUDGE

In the presence of:

M/s Mutua for the state

Mr Kenzi for the Applicant

C/clerk – Kiarie