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Original judgment

Zhang Aixian v Director of Public Prosecutions & others

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...................................1 ST RESPONDENT INSPECTOR GENERAL OF POLICE.....................................................2 ND RESPONDENT DIRECTORATE OF CRIMINAL INVESTIGATIONS...........................3RD RESPONDENT CHIEF MAGISTRATE'S COURT, KIBERA...........................................4 TH RESPONDENT AND JIANG BAOQUI..............................................................................1 ST INTERESTED PARTY SILZHA LIMITED..........................................................................2 ND INTERESTED PARTY REGISTRAR OF COMPANIES.....................................................3 RD INTERESTED PARTY EDWARD ATE NANOK.................................................................4 TH INTERESTED PARTY RULING NO 3 1. This matter was coming up for mention to confirm compliance with directions given herein on 18 th 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 5 th November 2020, seeking to withdraw the Chamber Summons application dated 17 th 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 In the premises, I hereby order as follows: I. This suit is marked as withdrawn with no order as to costs, and the case is accordingly closed.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 of the 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

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P. NYAMWEYA JUDGE

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