Simon Waweru & 2 others v John Gacheru Maina & 2 others

Waweru & 2 others v Maina & 2 others (Miscellaneous Criminal Application E077 of 2025) [2025] KEHC 5116 (KLR) (30 April 2025) (Ruling) Neutral citation: [2025] KEHC 5116 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E077 OF 2025 DR KAVEDZA, J APRIL 30, 2025 BETWEEN SIMON WAWERU .............................................................................. 1ST APPLICANT MOLLY MUTHONI WAWERU ....................................................... 2ND APPLICANT LUXX WINDSOR MOTORS ........................................................... 3RD APPLICANT AND JOHN GACHERU MAINA ........................................................... 1ST RESPONDENT DIRECTOR OF CRIMINAL INVESTIGATIONS .................... 2ND RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS .............................. 3RD RESPONDENT RULING 1. The applicant filed the present undated application received on 25th April 2025. In the main, the applicant sought the conservatory orders and stay of proceedings before the trial court. 2. Having considered the application, the supporting affidavit, and the applicable law, it is noted that the matter emanates from Makadara Chief Magistrate’s Court. 3. The court vested with supervisory jurisdiction over this subject matter is Makadara High Court. Consequently, I decline to grant the orders sought for lack of territorial jurisdiction. The application is consequently struck out. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF APRIL 2025 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/5116/eng@2025-04-30 1