Toroitich v Director of Public Prosecutions & 2 others; Ruto & another (Interested Parties) [2024] KEHC 5500 (KLR)

Toroitich v Director of Public Prosecutions & 2 others; Ruto & another (Interested Parties) (Judicial Review Application E001 of 2024) [2024] KEHC 5500 (KLR) (6 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5500 (KLR)

Republic of Kenya

In the High Court at Kibera

Judicial Review Application E001 of 2024

DR Kavedza, J

May 6, 2024

Between

Moses Kiplangat Toroitich

Applicant

and

The Director Of Public Prosecutions

1st Respondent

Director Of Criminal Investigations

2nd Respondent

The Attorney General

3rd Respondent

and

Viola Cherono Ruto

Interested Party

Ryan Kiplagat

Interested Party

Ruling

1. The applicant has filed the present ex-parte chamber summons application dated 3rd May 2024 supported by statements of facts and a verifying affidavit of similar date. In the main, the applicant is seeking leave to institute judicial review proceedings against the respondents.

2. I have considered the application, the affidavits in support and the applicable law. This court is not vested with jurisdiction to handle judicial review matters. Judicial review matters fall under the jurisdiction of the Judicial Review Division at Milimani High Court. I therefore decline to grant the prayers sought.

3. Consequently, the application is struck out for want of jurisdiction. The applicant is at liberty to file their application at the appropriate judicial review division.

File closed.

Ruling dated and delivered virtually this 6th day of May 2024D. KAVEDZAJUDGE