Hassan alias Geeley v National Police Service & 2 others [2025] KEHC 457 (KLR)

Hassan alias Geeley v National Police Service & 2 others (Judicial Review Application E015 of 2025) [2025] KEHC 457 (KLR) (Judicial Review) (28 January 2025) (Ruling)

Neutral citation: [2025] KEHC 457 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E015 of 2025

RE Aburili, J

January 28, 2025

Between

Abdi Hassan alias Geeley

Applicant

and

The National Police Service

1st Respondent

The Directorate of Criminal Investigations

2nd Respondent

The Department of Immigration Services

3rd Respondent

Ruling

1. The Chamber Summons dated 27/1/2025 is brought under certificate of urgency. The applicant seeks leave of court to apply for Judicial Review orders of Certiorari, Mandamus and Prohibition to quash the decision of the 2nd Respondent Director of Immigration services to put a stop order on his passport on the directions of the 1st Respondent Directorate of Criminal Investigations; to prohibit such placement of the stop order and mandamus to compel removal of the stop order.

2. The court has alerted Counsel for the exparte applicant that pursuant to the 2024 Fair Administrative Action Rules of 11/10/2024, the requirement for leave to apply to challenge administrative decisions is inapplicable. Instead, the applicants are expected to file originating motion and should they wish to seek interim orders, they can file Notice of Motion under certificate of urgency for consideration.

3. In this case, the applicant has filed Chamber Summons for leave to apply. No such leave is necessary. I therefore decline to certify the chamber summons dated 27/1/2025 as urgent and I proceed to strike out the said application.

4. The applicant is at liberty to file appropriate pleadings for consideration by this court as required under the Rules.

5. I make no orders as to costs.

6. This file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT NAIROBI VIRTUALLY VIA MICROSOFT TEAMS THIS 28THDAY OF JANUARY, 2025R.E. ABURILIJUDGE