REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA MISCELLANEOUS JUDICIAL REVIEW APPLICATION NO. E001 OF 2021 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW IN THE NATURE OF CERTIORARI IN THE MATTER OF: AN APPLICATION BY JUMA NYATEKO, WILLIAM OCHIENG OYOKO AND JAPHETH OTIENO ODERA, FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI, AND PROHIBITION AGAINST THE RESPONDENTS HEREIN AND IN THE MATTER OF: ARTICLES 27, 40, 47, 48, 49, 50, 157 and 244 of THE CONSTITUTION OF KENYA, 2010. AND IN THE MATTER OF: SECTIONS 8 AND 9 OF THE LAW REFORM ACT (CAP 26 OF THE LAWS OF KENYA) AND ORDER 53 OF THE CIVIL PROCEDURE RULES, 2010 AND IN THE MATTER OF: AN APPLICATION FOR JUDICIAL REVIEW AND IN THE MATTER OF: AN APPLICATION BY EX PARTE APPLICANTS TO CHALLENGE THE DECISION OF THE 1ST AND 2ND RESPONDENTS TO CHARGE THEM WITH THE OFFENCE OF FRAUD CONTRARY TO SECTION 103 OF THE LAND REGISTRATIN ACT, 2012 BEFORE THE 3RD RESPONDENT BETWEEN JUMA NYATE..................................................................................1 ST EX PARTE APPLICANT WILLIAM OCHIENG OYOKO.....................................................2 ND EXPARTE APPLICANT JAPHETH OTIENO ODERA.........................................................3 RD EXPARTE APPLICANT
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VERSUS DIRECTOR OF PUBLIC PROSECUTION (SIAYA).....................................1 ST RESPONDENT NATIONAL POLICE SERVICE (SIAYA).......................................................2 ND RESPONDENT THE CHIEF MAGISTRATE (SIAYA) LAW COURTS.................................3 RD RESPONDENT RULING 1. The exparte applicants seek leave of court to file Judicial Review application seeking for orders of certiorari and prohibition to quash the decision to charge them with the offences of fraud and prohibition to prohibit the Respondent’s from charging them with the said offences related to fraud. The application dated 24.4.2021 is not opposed by the Respondents. In the premises, I hereby grant leave to the applicants to file the Judicial Review application as sought in the chamber summons dated 24.4.2021 supported by the verifying affidavits and annextures thereto. 2. The substantive motion shall be filed and served upon the Respondents and all interested parties within 7 days of today together with written submissions. Upon receipt of the main motion and all accompanying documents, the Respondents and Interested Parties shall have ten (10) days to file and serve their responses and submissions. Thereafter, the Exparte applicants shall have leave to file if need be, a further affidavit within five days. The leave so granted to operate as stay of taking plea by Exparte applicants. Mention on 30.7.2021 to confirm compliance and for further orders as to the judgment date in the matter. 3. Costs shall be in the main motion. 4. Orders accordingly. DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF JULY, 2021. R.E. ABURILI JUDGE
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