Anne Kendi Muthee & Jacob Githinji Macharia v Inspector General of Police & Attorney General [2017] KEHC 5081 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL PETITION NO. 4 OF 2015
ANNE KENDI MUTHEE..........................................................PETITIONER
Versus
INSPECTOR GENERAL OF POLICE........................1ST RESPONDENT
THE HON THE ATTORNEY GENERAL.....................2ND RESPONDENT
And
CRIMINAL PETITION NO. 5 OF 2015
JACOB GITHINJI MACHARIA..............................................PETITIONER
Versus
INSPECTOR GENERAL OF POLICE........................1ST RESPONDENT
THE HON THE ATTORNEY GENERAL.....................2ND RESPONDENT
R U L I N G
1. Although today I was supposed to deliver the judgment of the above two matters on my perusal, however, of the files I found that the petitioners mistakenly served the hearing notice on the Attorney General (AG) and in so doing indicated that the cases was for hearing on 22nd May 2017 before Nyeri High Court. The actual fact is that the cases were to be heard, and indeed were heard, at the Nanyuki High Court. The mistake of the petitioners, aforestated, may have contributed to the AG not attending court on 22nd May 2017.
2. Accordingly I order as follows:-
(a) The two petitions shall be heard on 27th July 2017.
(b) The petitioners shall, in respect to both mattersserve the office of the Attorney general with hearing notice indicating the correct case number and the correct court to hear the matters.
(c) The petitioner shall serve such hearing noticewithin 7 days from today’s date.
(d) If the petitioner shall fail to serve the hearingnotices as ordered above both petitions shall stand as struck out.
DATED and DELIVERED at NANYUKI this 14TH DAY of JUNE 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant: Njue / Mariastella
Petitioners: Anne Kendi Muthee ……………….……..………..….
Jacob Githinji Macharia ……………………………………
For the State: …...............................................................
Language: ……………………………………….……………………………..
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE