George Njenga v Republic

Njenga v Republic (Miscellaneous Case E107 of 2023) [2023] KEHC 3999 (KLR) (Crim) (4 May 2023) (Ruling) Neutral citation: [2023] KEHC 3999 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL MISCELLANEOUS CASE E107 OF 2023 DR KAVEDZA, J MAY 4, 2023 BETWEEN GEORGE NJENGA ................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Upon going through the originating notice of motion and the supporting affidavit from the record dated April 3, 2023 it appears that the respondents were merely harassing the applicant and had no meaningful interest in investigating him. I therefore order as follows:a. A conservatory order is hereby issued restraining the respondents and their servants from arresting and or harassing the applicant. b. Should the respondent require the applicant to report to the police station, they shall give him sufficient notice to attend. c. The respondent is restrained from locking up the applicant before a decision to charge him has been made. d. Should such a decision be made, the applicant shall be informed and directed to appear in court for plea. e. File closed. RULING READ AND DELIVERED ON 4TH DAY OF MAY, 2023 HON. DIANA R. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3999/eng@2023-05-04 1

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