Kantai & 3 others v Inspector General of the National Police Service & 5 others; Cohen & 3 others (Interested Parties) (Suing for and on Behalf of the Estate of Silas M’njamiu Ita) [2022] KEHC 3354 (KLR)

Kantai & 3 others v Inspector General of the National Police Service & 5 others; Cohen & 3 others (Interested Parties) (Suing for and on Behalf of the Estate of Silas M’njamiu Ita) (Constitutional Petition E334, E453, E459 & E543 of 2021 & Miscellaneous Case E037 of 2021 (Consolidated)) [2022] KEHC 3354 (KLR) (Constitutional and Human Rights) (2 June 2022) (Ruling)

Neutral citation: [2022] KEHC 3354 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Constitutional Petition E334, E453, E459 & E543 of 2021 & Miscellaneous Case E037 of 2021 (Consolidated)

AC Mrima, J

June 2, 2022

Between

Sankale Ole Kantai

1st Petitioner

. Noordin Mohammed Haji

2nd Petitioner

. Noordin Mohammed Haji

3rd Petitioner

Law Society of Kenya

4th Petitioner

and

Inspector General of the National Police Service

1st Respondent

Director of Criminal Investigations

2nd Respondent

Public Service Commission

3rd Respondent

Gabriel Hannah Van Straten

4th Respondent

Ibrahim Ndungu Ndirangu

5th Respondent

Judicial Service Comission

6th Respondent

and

Sarah Wairimu Kamotho Cohen

Interested Party

Peter Njoroge Karanja

Interested Party

Grace Ita Ndinda

Interested Party

Francis Nyaga Njeru

Interested Party

Suing for and on Behalf of the Estate of Silas M’njamiu Ita

Ruling

1. On 12th May, 2022, submissions were made on two main issues.

2. The issues were whether the Notice of Motion dated 7th December, 2021 seeking the recusal of the Hon. Judge in these Petitions ought to be allowed to be withdrawn and the issue of the de-consolidation of the five Petitions in this matter.

3. Without much ado and without the necessity of going into the nitty-gritties of the parties’ diverse positions and with a view to steer the forward progression of the Petitions herein, this Court hereby makes the following orders: -(a)The Notice of Motion dated 7{{^th} December, 2021 seeking the recusal of the Honourable Judge be and is hereby marked as withdrawn with costs.(b)The five Petitions which stand consolidated in these proceedings shall be de-consolidated as follows: -(i)Petition No. E334 of 2021 shall be heard separately.(ii)Petition No. E543 of 2021 shall also be heard separately.(iii)Petitions No. E453 of 2021, E459 of 2021 and Misc. E037 of 2021 stand consolidated. Further directions to issue.(c)Given the nature of the Petitions herein, they shall be heard by the same Court.(d)All the interim orders issued in the Petitions to remain in force pending further orders of the Court.(e)Henceforth, separate directions shall be given in the Petitions on a date to issue.

Orders accordingly.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 2ND DAY OF JUNE, 2022A. C. MRIMAJUDGE