REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW APPLICATION NO. MISC E077 OF 2020 IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF PROHIBITION AND CERTIORARI BETWEEN SOMESH KUMAR CHOUDHURY..........................................APPLICANT VERSUS DIRECTOR OF PUBLIC PROSECUTION.................1ST RESPONDENT INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE........................................................2 ND RESPONDENT THE CHIEF MAGISTRATE'S COURT, MAVOKO LAW COURTS...........................................3 RD RESPONDENT AND MAISHA PACKAGING COMPANY LIMITED..........................................................1 ST INTERESTED PARTY VIAMI IMPEX LTD....................................2ND INTERESTED PARTY RULING The Application 1. The Applicant herein are aggrieved by a decision by the Respondents to charge them with the offence of obtaining goods by false pretences before the Mavoko Law Courts Chief Magistrate’s Court, in Criminal Case Number 533 of 2020 and Criminal Case N umber 557 of 2020, wherein the Applicant is the 2nd Accused's Person.. The Applicant has therefore moved this Court in an application by way of Chamber Summons dated 17th December 2020, seeking orders that the said application be certified urgent, and for leave to apply for judicial review orders of certiorari and prohibition to quash and prohibit the said criminal proceedings. 2. The Applicant also seek orders that the said leave operate as a stay of the said criminal proceedings, and that the costs of the application be provided for. The application is supported by the Applicant’s statutory statement dated 17 th December 2020, and a verifying affidavit sworn on the same date by the Applicant. 3. I have perused the ex parte Applicants’ Chamber Summons dated 27th April 2020 and supporting documents, and note that the ex parte Applicants are seeking leave to bring orders in relation to criminal proceedings in the Mavoko Law Courts, which are under the supervisory jurisdiction of the Machakos High Court. Furthermore, the Applicant has also stated that 1 st Accused person in the subject criminal proceedings, namely one, Harenkumar Damji Mandavia, has moved the High Court at Machakos in Judicial Review Application No. 103 of 2020, whereby the Court granted interim Order of Stay of proceedings pending determination of the substantive motion application. There is
page 1 of 2
thus the additional risk of this Court issuing conflicting orders in relation to the same criminal proceedings. 4. In the premises I direct and orders that this suit be and is hereby transferred to the Machakos High Court for further hearing and determination. The Applicant’s Chamber Summons dated 27 th April 2020 shall accordingly be placed before the Duty Judge at the Machakos High Court on 19th January 2021, for directions. 5. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling and orders by electronic mail to the ex parte Applicants, and to the Deputy Registrar of the Machakos High Court, by close of business on 6th January 2021. 6. Orders accordingly. DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF DECEMBER 2020 P. NYAMWEYA JUDGE
page 2 of 2