Nesbitt v Director of Public Prosecutions & another [2025] KEHC 345 (KLR)

Nesbitt v Director of Public Prosecutions & another (Judicial Review Application E013 of 2025) [2025] KEHC 345 (KLR) (Judicial Review) (24 January 2025) (Ruling)

Neutral citation: [2025] KEHC 345 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E013 of 2025

RE Aburili, J

January 24, 2025

Between

Nicholas Alexander Nesbitt

Applicant

and

Director of Public Prosecutions

1st Respondent

Directorate of Criminal Investigations

2nd Respondent

Ruling

1. I have considered the Notice of Motion dated 23/1/2025 accompanying the Originating Motion dated 23/1/2025, the grounds and supporting affidavit together with the annextures thereto.

2. I observe that upon filing of the Originating Summons and the Notice of Motion, the applicant filed notice of withdrawal of the application dated 23/1/2025 against the Respondents in its entirety and with no orders as to costs as it is a similar matter with one filed before Justice Chigiti SC.

3. Accordingly, I hereby mark the Originating Motion and Notice of Motion dated 23/1/2025 as wholly withdrawn with no orders as to costs and this file is closed.

4. The Ruling to be typed and uploaded in the e-portal and the applicant to be notified via email.

5. I so order.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 24TH DAY OF JANUARY, 2025. R.E. ABURILIJUDGE