Kaibe v Director of Criminal Investigations & 8 others [2025] KEHC 6633 (KLR) | Conservatory Orders | Esheria

Kaibe v Director of Criminal Investigations & 8 others [2025] KEHC 6633 (KLR)

Full Case Text

Kaibe v Director of Criminal Investigations & 8 others (Constitutional Petition E009 of 2024) [2025] KEHC 6633 (KLR) (23 May 2025) (Judgment)

Neutral citation: [2025] KEHC 6633 (KLR)

Republic of Kenya

In the High Court at Busia

Constitutional Petition E009 of 2024

WM Musyoka, J

May 23, 2025

Between

Vincent Kubasu Kaibe

Petitioner

and

Director of Criminal Investigations

1st Respondent

OCS Bumala Police Station

2nd Respondent

John Owino Wandera

3rd Respondent

Jacinta Anyango Ochieng

4th Respondent

Owino Trezer Akinyi

5th Respondent

Gabriel Ouma Owino

6th Respondent

Shadrack Owino

7th Respondent

Gideon Owino

8th Respondent

The Director Of Public Prosecutions

9th Respondent

Judgment

1. On 25th February 2025, I delivered a ruling herein, on an application, dated 5th December 2024, which had sought conservatory orders, on the basis that, prima facie, there was material to justify grant of the order.

2. Thereafter I gave directions, for disposal of the petition by way of written submissions. The petitioner filed written submissions, dated 4th April 2025. I have read through them and noted the arguments made.

3. The respondents stayed away from the proceedings, despite service with the papers filed herein, as evidenced by the affidavits of service on record. The averments made by the petitioner, in his petition and verifying affidavits, were neither contested nor controverted. I considered the case presented by the petitioner in my ruling of 25th February 2025 and found it to be prima facie established. That was, of course, subject to a contrary case being presented by the respondents. No such case has been presented, and the case, as set out by the petitioner, holds.

4. There shall be no need to belabour the point, in view of what I have stated above. Consequently, I shall grant the prayers sought in the petition, dated, 5th December 2025, in terms of prayers (a) and (b) thereof. It is so ordered.

DELIVERED VIA EMAIL, AND DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 23RD DAY OF MAY 2025. W. MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Muriithi, instructed by Ntoiti & Company, Advocates for the petitioner.