Charles Mbugua Njuguna v Director of Public Prosecutions & another

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW APPLICATION NO. 83 OF 2020 IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF PROHIBITION AND CERTIORARI BETWEEN CHARLES MBUGUA NJUGUNA.....................................................APPLICANT VERSUS DIRECTOR OF PUBLIC PROSECUTIONS........................1ST RESPONDENT ETHICS AND ANTI-CORRUPTION COMMISSION.........................................................................2 ND RESPONDENT INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE................................................................3 RD RESPONDENT THE ATTORNEY GENERAL.................................................4 TH RESPONDENT RULING The Application 1. Charles Mbugua Njuguna (hereinafter “the Applicant”) is an Advocate of this Court, and he is aggrieved by a decision mad on or about 22nd October 2019 by the Director of Public Prosecution, who is the 1 st Respondent herein. The said decision sought to institute criminal proceedings against the Applicant in Chief Magistrate’s Anti- Corruption Court Case No. 28 of 2019 for the offence of money laundering. 2. The Applicant has now moved this Court in an application by way of Chamber Summons dated 21 st April 2020, seeking orders that the said application be certified urgent, and for leave to apply for judicial review orders of prohibition and certiorari to prohibit and quash the criminal proceedings against him in the Chief Magistrate’s Anti- Corruption Court Case No. 28 of 2019. The Applicant also seeks orders that the said leave operate as a stay of the impugned proceedings, and that the costs of the application be provided for. The application is supported by the Applicant’s Statutory Statement dated 21st April 2020, and a verifying affidavit sworn on the same date by the Applicant. 3. I have perused the Chamber Summons and supporting documents, and note that the Applicant is seeking leave to bring orders in relation to proceedings in the Chief Magistrate’s Anti- Corruption Court in Nairobi, which is under the supervisory jurisdiction of the AntiCorruption and Economic Crimes Division of the High Court. 4. In the premises I direct and orders that this suit be and is hereby transferred to the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi for further hearing and determination. The Applicant’s Chamber Summons dated 21 st April 2020 shall accordingly be placed before the Duty Judge at the Anti- Corruption and Economic Crimes Division of the High Court at Nairobi on 23rd April 2020, for directions. 5. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the Applicant, and to the Deputy Registrar of the Anti-Corruption and Economic Crimes Division of the High Court at Nairobi, by close of business today. 6. Orders accordingly.

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