Haji & 3 others v Strate & 4 others; Kamotho & 2 others (Interested Parties) [2023] KEHC 3169 (KLR)

Haji & 3 others v Strate & 4 others; Kamotho & 2 others (Interested Parties) (Petition E037, E459 & E453 of 2021 (Consolidated)) [2023] KEHC 3169 (KLR) (Constitutional and Human Rights) (18 April 2023) (Directions)

Neutral citation: [2023] KEHC 3169 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Petition E037, E459 & E453 of 2021 (Consolidated)

HI Ong'udi, J

April 18, 2023

Between

Noordin Mohammed Haji

1st Petitioner

The Director of Public Prosecutions

2nd Petitioner

Justice Sankale Ole Kantai

3rd Petitioner

Law Society of Kenya

4th Petitioner

and

Gabriel Hannah Van Strate

1st Respondent

Ibrahim Ndung’u Ndirangu

2nd Respondent

Public Service Commission

3rd Respondent

Inspector General of National Police Service

4th Respondent

Directorate of Criminal Investigations

5th Respondent

and

Sarah Wairimu Kamotho

Interested Party

Peter Njoroge Karanja

Interested Party

Francis Nyaga Njeru

Interested Party

Directions

1. I have considered the sentiments raised by all counsel. It is true that the conservatory orders issued herein exparte on October 28, 2021 have kind of inhibited the 3rd respondent from carrying out some of its duties. There has also been delay in hearing of this matter due to the other similar petitions filed plus the numerous Applications. It is now high time that all parties herein took up this matter seriously for purposes of moving forward and finalizing it. For that reason I hereby issue the following directions.1. Parties who are yet to file responses to any pending application and the petition to do so within 7 days.2. Thereafter parties to file and exchange written submissions to both the applications and petition within 28 days upon service of the responses. The petitioners and any applicant will have the first 14 days.3. The applications (pending) are hereby subsumed into the petition for purposes of fast tracking the petition.4. The Ruling delivered today in Petition No E334 of 2021 on the issue of representation by Mr Danstan Omari, Mr Shadrack Wambui & advocates practising in the firm of Musyoki Mogaka & company advocates equally applies to this matter. The reason being that at the time of filing the application dated March 9, 2021, all the 5 related files ie E334 of 2021, E543 of 2021, E453 of 2021, E 459 of 2021 and Misc Petition No E037 of 2021 had been consolidated.5. Highlighting of submission on June 7, 2023. 6.Current status quo to be maintained.7. Parties are urged to ensure compliance with these directions.8. The Deputy Registrar to extract the Directions and ensure service on all the parties starting with those absent today.

DELIVERED VIRTUALLY, DATED AND SIGNED THIS 18TH DAY APRIL 2023 IN OPEN COURT AT MILIMANI NAIROBI.H. I. Ong’udiJudge of the High Court