Ndwiga & 11 others v Director of Public Prosecution & 2 others [2025] KEHC 2030 (KLR)

Ndwiga & 11 others v Director of Public Prosecution & 2 others (Criminal Miscellaneous Application E029 of 2025) [2025] KEHC 2030 (KLR) (14 February 2025) (Ruling)

Neutral citation: [2025] KEHC 2030 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Miscellaneous Application E029 of 2025

DR Kavedza, J

February 14, 2025

Between

Peter Manga Ndwiga

1st Applicant

Alfred Mwadime Mlolw

2nd Applicant

Tarsisio Iruki Ituuru

3rd Applicant

Malova Hesbon Nyikuri

4th Applicant

Langat Kimutai David

5th Applicant

John Kipkemoi Sigei

6th Applicant

Andrew Ayarah Okwach

7th Applicant

David Kalachi Moyia

8th Applicant

Bernard Ngunjiri Maina

9th Applicant

David Ogega Nyangau

10th Applicant

John M. Njugunah

11th Applicant

Wilfred Kembero Aima

12th Applicant

and

Director of Public Prosecution

1st Respondent

Director of Criminal Investigations

2nd Respondent

Inspector General of Police

3rd Respondent

Ruling

1. I have gone through the Notice of motion application dated 13th February 2025 and affidavit of Andrew Ayarah Okwach of even date sworn on his behalf and on behalf of his co-applicants.

2. The Applicant has annexed a charge sheet (Annexure AOA-4) at paragraph 4 of the affidavit.

3. According to the said annexure, the applicants’ colleagues were charged at Milimani Law Courts on 13th February 2025.

4. It is therefore prudent that this application is filed at Milimani High Court.

5. I accordingly decline to grant the orders and direct that this file be transferred to Milimani High Court immediately.

6. The file shall be placed before the Deputy Registrar (DR) at 2pm today, 14th February 2025 for directions.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 14TH FEBRUARY 2025. D. KAVEDZAJUDGE