Zhang Aixian v Director of Public Prosecutions, Inspector General of Police, Directorate of Criminal Investigations & Chief Magistrate's Court, Kibera; Jiang Baoqui, Silzha Limited, Registrar of Companies & Edward Ate Nanok(Interested Paries) [2020] KEHC 739 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. MISC E041 OF 2020

BETWEEN

ZHANG AIXIAN........................................................................................................APPLICANT

VERSUS

THE DIRECTOR OF PUBLIC PROSECUTIONS...................................1STRESPONDENT

INSPECTOR GENERAL OF POLICE.....................................................2NDRESPONDENT

DIRECTORATE OF CRIMINAL INVESTIGATIONS...........................3RDRESPONDENT

CHIEF MAGISTRATE'S COURT, KIBERA...........................................4THRESPONDENT

AND

JIANG BAOQUI..............................................................................1ST INTERESTED PARTY

SILZHA LIMITED..........................................................................2ND INTERESTED PARTY

REGISTRAR OF COMPANIES.....................................................3RD INTERESTED PARTY

EDWARD ATE NANOK.................................................................4TH INTERESTED PARTY

RULING NO 3

1. This matter was coming up for mention to confirm compliance with directions given herein on 18th September 2020 as regards the filing and service of the substantive Notice of Motion by the ex parte Applicant, and responses thereto by the Respondents and Interested Parties.

2. Upon perusal of the Court record, I note that the ex parte Applicant has since filed a Notice of Withdrawal of Application dated 5th November 2020, seeking to withdraw the Chamber Summons application dated 17th September 2020 and the entire judicial review application, with no order as to costs. I also note that no pleadings have been filed herein by the Respondents and Interested Parties.

3. In the premises, I hereby order as follows:

I. This suit is marked as withdrawn with no order as to costs, and  the case is accordingly closed.

II.  The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the ex parte Applicant by electronic mail by close of business on Thursday, 10th December 2020.

4. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 7TH DAY OF DECEMBER 2020

P. NYAMWEYA

JUDGE