Innocent Omukule v Director of Public Prosecutions & DCI Officer Kakamega [2020] KEHC 3320 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

KAKAMEGA MISC. CRIMINAL APPLICATION NO. 42 OF 2020

(CORAM: HON. JUSTICE R.E. ABURILI)

IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 21(1), 24, 27, 29, 47(1), 49(1)(H), 50(2)(A, B, C, J, K, M, N), OF THE CONSTITUTION OF KENYA, 2010

AND

IN THE MATTER OF CHIEF MAGISTRATE’S COURT AT KAKAMEGA CRIMINAL MISC. APPLICATION NO. 139 OF 2020 – REPUBLIC VS. INNOCENT OMUKULE

INNOCENT OMUKULE............................................................APPLICANT

VERSUS

THE DIRECTOR OF PUBLIC PROSECUTIONS.......1ST RESPONDENT

THE DCI OFFICER KAKAMEGA...............................2ND RESPONDENT

RULING

1. I have considered the Application by the applicant. I grant leave to the applicant to be heard during the recess. I also Certify the application as urgent.

2. On the main application for orders, I direct the applicant to serve the Respondents forthwith for interpartes consideration before the duty Judge at Kisumu on 8/9/2020.

3. Orders accordingly.

Dated, signed and Delivered at Siaya this 3rd Day of September 2020

R.E. ABURILI

JUDGE