Musau & 3 others v Mombasa County Criminal Investigating Officer (CCIO) & another; G4s Kenya Limited (Interested Party) [2024] KEHC 533 (KLR)

Musau & 3 others v Mombasa County Criminal Investigating Officer (CCIO) & another; G4s Kenya Limited (Interested Party) (Miscellaneous Criminal Application 19 of 2020) [2024] KEHC 533 (KLR) (25 January 2024) (Ruling)

Neutral citation: [2024] KEHC 533 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application 19 of 2020

A. Ong’injo, J

January 25, 2024

IN THE MATTER OF AN APPLICATION UNDER ARTICLES 165(3), 2, 10, 19, 20(1) (2) (3) (4), 21 AND 22 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF CHAPTER FOUR OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF ARTICLES 27 & 40 OF THE CONSTITUTION 2010 AND IN THE MATTER OF PROTECTION TO PROPERTY UNDER ARTICLE 40 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF NATIONAL GOVERNMENT CO-ORDINATION ACT (ACT NO.1 OF 2013), NATIONAL POLICE SERVICE ACT (ACT NO.11A OF 2011) AND IN THE MATTER OF SECTIONS 121 OF THE CRIMINAL PROCEDURE CODE (CHAPTER 75 LAWS OF KENYA

Between

Jacob Mutuku Musau

1st Applicant

Sylvester Mbuli Mbuvi

2nd Applicant

Amos Mutuku Musyoka

3rd Applicant

Patrick Karanja Njau

4th Applicant

and

Mombasa County Criminal Investigating Officer (CCIO)

1st Respondent

Director of Public Prosecution

2nd Respondent

and

G4s Kenya Limited

Interested Party

Ruling

1. By a Notice of Motion application dated 6. 10. 2023, the applicant herein came under Certificate of Urgency seeking that the orders made on 5. 10. 2023 dismissing their application be set aside and that their application be reinstated and heard on merit.

2. This court gave directions that the application be given by way of written submissions and parties were given timelines to respond and file submissions. However, this court has not located any responses or submissions from the respondents and Interested Parties and considering the applicant’s advocate sent a representative to hold her brief on 5. 10. 2023 and place the file aside but did not appear later when the file was called out, this court will allow the application subject to the applicant paying thrown away costs of Kshs. 20,000 to the Interested Party’s advocate.

3. The applicant is granted the last opportunity to prosecute their case on a date to be agreed on by the parties in court. Failure to prosecute within the set timelines, the application will stand dismissed.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 25TH DAY OF JANUARY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Langat H/B for Ms. Jeruto Advocate for ApplicantsMr. Ngiri for 2nd RespondentMs. Lelu Advocate H/B for Mr. Mugambi Advocate for Interested PartyHON. LADY JUSTICE A. ONG’INJOJUDGEOrders: Hearing on 20. 5.2024 for applicants’ case. Hearing on 21. 5.2024 for Respondent and Interested Party’s case.Ruling on 20. 6.2024. Notice to issue to 1st Respondent.Copy of ruling to be supplied to parties on payment of copying charges.HON. LADY JUSTICE A. ONG’INJOJUDGE25. 1.2024