David Gichuhi Gitau & 1 other v The Director of Public Prosecutions & 3 others

REPUBLIC OF KENYA High Court at Nairobi (Nairobi Law Courts) Petition 557 of 2012 DAVID GICHUHI GITAU ………...……......................................…………. 1ST PETITIONER TIMOTHY MUCHIRI KANGARA ................................................................. 2ND PETITIONER AND THE DIRECTOR OF PUBLIC PROSECUTIONS ……..…...................….1ST RESPONDENT OFFICER COMMANDING STATION MAVOKO POLICE STATION ….2ND RESPONDENT THE PRINCIPAL MAGISTRATE MAVOKO LAW COURT …………... 3RD RESPONDENT ATTORNEY GENERAL …..………......................................……………. 4TH RESPONDENT AND FORM MATTRESS LIMITED ……...........................................………………... THIRD PARTY RULING I have considered the matter and in the particular the skeleton proceedings in Nairobi Chief Magistrates Criminal Case No. 1783 of 2012. The accused took the plea on 23rd November 2012 and there is no indication that an application for bail was made or an opportunity given to them to make the application. The matter was then transferred to Mavoko Law Courts. According to counsel, the accused are still in custody from 23rd November 2012 without the benefit of bail. In view thereof, I direct as follows; (1) That the accused Timothy Muchiri Kagara, David Gichuhi Gitau, Paul Njoroge Mwangi and David Kinyua Wamai be taken before the Magistrate at Mavoko Law Courts on 5th December 2012 or at the earliest opportunity. (2) The Honourable magistrate is directed to hear and determine their application for bail. DATED and DELIVERED at NAIROBI this 4th day of December 2012 D.S. MAJANJA JUDGE

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