Nicholas Alexander Nesbitt v The Director of Public Prosecutions & 1 other

Nesbitt v Director of Public Prosecutions & another (Judicial Review Application E014 of 2025) [2025] KEHC 413 (KLR) (Judicial Review) (24 January 2025) (Ruling) Neutral citation: [2025] KEHC 413 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW APPLICATION E014 OF 2025 RE ABURILI, J JANUARY 24, 2025 BETWEEN NICHOLAS ALEXANDER NESBITT ................................................... APPLICANT AND THE DIRECTOR OF PUBLIC PROSECUTIONS ..................... 1ST RESPONDENT THE DIRECTORATE OF CRIMINAL INVESTIGATIONS .... 2ND RESPONDENT RULING 1. I have considered the application dated 23/1/2025 filed simultaneous with the Originating Motion, the supporting affidavit and annextures. As there are no interim orders sought, I find no urgency involved. I therefore decline to certify it as urgent. 2. I direct that the applicant serves the originating motion upon the Respondents forthwith and in any event, not later than 5 days of today upon which the Respondents will have 5 days of date of service to file and serve their responses to the motion. The applicant will then have 5 days of date of service within which to file and serve further affidavit if need arises, together with written submissions. 3. The Respondents will thereafter have 5 days of date of service to file and serve their supplementary affidavit if need be, together with written submissions. 4. Mention on 17/2/2025 to confirm compliance, brief highlights if need be and to fix a judgment date. 5. This Ruling to be typed forthwith and uploaded. The applicant to be notified to comply and serve a copy of this Ruling together with the originating motion, upon the Respondents. 6. I so order. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 24TH DAY OF JANUARY, 2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/413/eng@2025-01-24 1

page 1 of 2