Nesbitt v Director of Public Prosecutions & another [2025] KEHC 413 (KLR)

Nesbitt v Director of Public Prosecutions & another (Judicial Review Application E014 of 2025) [2025] KEHC 413 (KLR) (Judicial Review) (24 January 2025) (Ruling)

Neutral citation: [2025] KEHC 413 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E014 of 2025

RE Aburili, J

January 24, 2025

Between

Nicholas Alexander Nesbitt

Applicant

and

The Director Of Public Prosecutions

1st Respondent

The Directorate Of Criminal Investigations

2nd Respondent

Ruling

1. I have considered the application dated 23/1/2025 filed simultaneous with the Originating Motion, the supporting affidavit and annextures. As there are no interim orders sought, I find no urgency involved. I therefore decline to certify it as urgent.

2. I direct that the applicant serves the originating motion upon the Respondents forthwith and in any event, not later than 5 days of today upon which the Respondents will have 5 days of date of service to file and serve their responses to the motion. The applicant will then have 5 days of date of service within which to file and serve further affidavit if need arises, together with written submissions.

3. The Respondents will thereafter have 5 days of date of service to file and serve their supplementary affidavit if need be, together with written submissions.

4. Mention on 17/2/2025 to confirm compliance, brief highlights if need be and to fix a judgment date.

5. This Ruling to be typed forthwith and uploaded. The applicant to be notified to comply and serve a copy of this Ruling together with the originating motion, upon the Respondents.

6. I so order.

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