Nyongesa & 2 others v Inspector General of Police & 2 others; Opar & 2 others (Interested Parties) [2022] KEHC 15810 (KLR)

Nyongesa & 2 others v Inspector General of Police & 2 others; Opar & 2 others (Interested Parties) (Constitutional Petition 14 of 2021) [2022] KEHC 15810 (KLR) (8 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15810 (KLR)

Republic of Kenya

In the High Court at Bungoma

Constitutional Petition 14 of 2021

REA Ougo, J

November 8, 2022

Between

Martins Wamalwa Nyongesa

1st Petitioner

Samuel Njau Kangau

2nd Petitioner

Catherine Nabwile Simiyu

3rd Petitioner

and

Inspector General of Police

1st Respondent

Director of Public Prosescutions

2nd Respondent

The Attorney General

3rd Respondent

and

Francis Munialo Opar

Interested Party

Steve Njoru

Interested Party

Noordin Issack Adan

Interested Party

Ruling

I have considered the application dated the 18. 10. 2022, the affidavit in support, the grounds of opposition and oral submissions in court. The order being sought is a declaration order. The applicant main reasons for seeking the stay of execution is that they were not heard. The judgment delivered by Justice Riechi disposed off the entire petition. The petition was dismissed. What I am staying then as correctly submitted the only avenue open for the applicant is to appeal against the decision rendered on the 18. 10. 2022. I therefore find no merit in the application and dismiss it with costs to the 2nd Respondent only.

R.E OUGOJUDGE8. 11. 2022Before Hon. R.E Ougo JudgeWilkister: Court AssistantMiss Olive for the Petitioner.COURT: RULING READ IN OPEN COURT ONLINE VIA MICROSOFT TEAMS AT BUNGOMA ON THIS 8TH DAY OF NOVEMBER 2022. R.E OUGOJUDGE