LEONARD NJOGU v THE COMMISSIONER OF POLICE & 2 OTHERS [2012] KEHC 4316 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI COMMERCIAL COURTS COMMERCIAL AND TAX DIVISION)

PETITION 196 OF 2012

BETWEEN

LEONARD NJOGU ....................................................PETITIONER

AND

THE COMMISSIONER OF POLICE..............1ST RESPONDENT

THE DIRECTOR CRIMINAL

INVESTIGATIONS DEPARTMENT..............2ND RESPONDENT

THE HON. ATTORNEY GENERAL .............3RD RESPONDENT

RULING

I have considered this matter in light of the disclosures by Mr Njogu for the State that the investigations are complete and it is ready to charge the petitioner. I cannot impede the State from proceeding with its duty to prosecute offenders.

In the circumstances, this petition is now determined with the order that the petitioner present himself to the Court on 28th May 2012 at the Chief Magistrate’s Court, Nairobi (Milimani) at 9. 00 am that date or on such other date as he may be required.

In the meantime, it shall not be necessary to effect an arrest unless he fails to present himself to court on that date.

DATEDand DELIVERED in NAIROBI this 25th day of May 2012

D.S. MAJANJA

JUDGE