Mwaura v Republic [2023] KEHC 27037 (KLR)

Mwaura v Republic (Petition E001 of 2023) [2023] KEHC 27037 (KLR) (19 December 2023) (Ruling)

Neutral citation: [2023] KEHC 27037 (KLR)

Republic of Kenya

In the High Court at Kibera

Petition E001 of 2023

DR Kavedza, J

December 19, 2023

Between

Samwel Njenga Mwaura

Applicant

and

Republic

Respondent

Ruling

1. The Petitioner Samwel Njenga Mwaura filed a notice of motion dated 19th December 2023, under certificate of urgency. The applicant is seeking conservatory orders restraining the respondent from proceeding with JKIA Chief Magistrate’s Court Criminal Case no. E003 of 2023 Having considered the application, I hereby make the following orders:i.The application is not certified urgent.ii.The Deputy Registrar is directed to avail the lower court file Untyped within 60 days from the date hereof.iii.The applicant is directed to serve their respondent with the application and order of this court within 7 days from the date hereof.iv.Upon service, the respondent is directed to file a response within 14 days.v.The matter shall be mentioned on 14th March 2024 for directions.Notices shall issue accordingly.

RULING DATED AND DELIVERED THIS 19TH DAY OF DECEMBER, 2023D. KAVEDZAJUDGE