Haji & 3 others v Strate & 4 others; Kamotho & 2 others (Interested Parties) (Petition E037, E459 & E453 of 2021 (Consolidated)) [2023] KEHC 3169 (KLR) (Constitutional and Human Rights) (18 April 2023) (Directions) Neutral citation: [2023] KEHC 3169 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS PETITION E037, E459 & E453 OF 2021 (CONSOLIDATED) HI ONG'UDI, J APRIL 18, 2023 BETWEEN NOORDIN MOHAMMED HAJI .................................................... 1ST PETITIONER THE DIRECTOR OF PUBLIC PROSECUTIONS ....................... 2ND PETITIONER JUSTICE SANKALE OLE KANTAI ............................................... 3RD PETITIONER LAW SOCIETY OF KENYA ............................................................ 4TH PETITIONER AND GABRIEL HANNAH VAN STRATE ........................................... 1ST RESPONDENT IBRAHIM NDUNG’U NDIRANGU ........................................... 2ND RESPONDENT PUBLIC SERVICE COMMISSION .............................................. 3RD RESPONDENT INSPECTOR GENERAL OF NATIONAL POLICE SERVICE . 4TH RESPONDENT DIRECTORATE OF CRIMINAL INVESTIGATIONS ............. 5TH RESPONDENT AND SARAH WAIRIMU KAMOTHO ........................................... INTERESTED PARTY PETER NJOROGE KARANJA .............................................. INTERESTED PARTY FRANCIS NYAGA NJERU ..................................................... INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3169/eng@2023-04-18 1
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DIRECTIONS 1. I have considered the sentiments raised by all counsel. It is true that the conservatory orders issued herein exparte on October 28, 2021 have kind of inhibited the 3rd respondent from carrying out some of its duties. There has also been delay in hearing of this matter due to the other similar petitions filed plus the numerous Applications. It is now high time that all parties herein took up this matter seriously for purposes of moving forward and finalizing it. For that reason I hereby issue the following directions. 1. Parties who are yet to file responses to any pending application and the petition to do so within 7 days. 2. Thereafter parties to file and exchange written submissions to both the applications and petition within 28 days upon service of the responses. The petitioners and any applicant will have the first 14 days. 3. The applications (pending) are hereby subsumed into the petition for purposes of fast tracking the petition. 4. The Ruling delivered today in Petition No E334 of 2021 on the issue of representation by Mr Danstan Omari, Mr Shadrack Wambui & advocates practising in the firm of Musyoki Mogaka & company advocates equally applies to this matter. The reason being that at the time of filing the application dated March 9, 2021, all the 5 related files ie E334 of 2021, E543 of 2021, E453 of 2021, E 459 of 2021 and Misc Petition No E037 of 2021 had been consolidated. 5. Highlighting of submission on June 7, 2023. 6. Current status quo to be maintained. 7. Parties are urged to ensure compliance with these directions. 8. The Deputy Registrar to extract the Directions and ensure service on all the parties starting with those absent today. DELIVERED VIRTUALLY, DATED AND SIGNED THIS 18TH DAY APRIL 2023 IN OPEN COURT AT MILIMANI NAIROBI. H. I. Ong’udi Judge of the High Court https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3169/eng@2023-04-18 2
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