Abdi & 5 others v Director of Criminal Investigation & another; Mohamed & 12 others (Interested Parties) (Petition E057 of 2025) [2025] KEHC 13829 (KLR) (30 September 2025) (Ruling) Neutral citation: [2025] KEHC 13829 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU PETITION E057 OF 2025 DO CHEPKWONY, J SEPTEMBER 30, 2025 BETWEEN IBRAHIM HASSAN ABDI .............................................................. 1ST PETITIONER ABDULLAHI JALDESA BANTICHA ........................................... 2ND PETITIONER ABDIRASHID ALI DIBA ................................................................ 3RD PETITIONER YUSUF MAINA ................................................................................ 4TH PETITIONER ABDINOOR DIMA JILO ................................................................ 5TH PETITIONER DADE BORU .................................................................................... 6TH PETITIONER AND DIRECTOR OF CRIMINAL INVESTIGATION ....................... 1ST RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS .............................. 2ND RESPONDENT AND ABDIRAHMAN MOHAMED ................................................ INTERESTED PARTY HON. SALEHSIO KIAMBI, MCA WABERA WARD .......... INTERESTED PARTY HON. PETER LOSU, MCA NGAREMARA WARD ........... INTERESTED PARTY HON. NICHOLAS LOROT, MCA BURAT WARD ............. INTERESTED PARTY HON AMINA OMAR ENOW, NOMINATED ..................... INTERESTED PARTY HON ABDIRASHID DIBA, GARBATULLA WARD .......... INTERESTED PARTY HON FATUMA ABDULLAHI ABDI NOMINATED ........... INTERESTED PARTY HON FRANCISCO LETIMALO NOMINATED .................. INTERESTED PARTY HON DAVID LEMANTILE, OLDONYIRO WARD ............ INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13829/eng@2025-09-30 1
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HON REHEMA ABDIKADIR NOMINATED ..................... INTERESTED PARTY HON DAVID WAITHAKA, BULAPESA WARD ................. INTERESTED PARTY HON FOZIA JIBRIL NOMINATED ...................................... INTERESTED PARTY HON. ABDINOOR DIMA JILO ............................................ INTERESTED PARTY RULING 1. The Applicants moved this court through the Notice of Motion application filed under Certificate of Urgency dated 26th August, 2025 in which they are seeking conservatory orders restraining the Respondents from harassing, charging or interfering with the Applicants pending the hearing of the application and Petition. 2. On 27th August, 2025 the court granted interim orders and directed the Applicants to serve the application for the Respondents to file responses upon which were to file and exchange written submissions in arguing the application. The application was then fixed for interpartes hearing on 24th September, 2025. 3. The court noted that the 1st Intended Interested Party, Abdilatif Mohammed Jarso filed an application dated 17th September, 2025 seeking his joinder in the proceedings . A second application by twelve (12) other Intended Interested Parties dated 24th September, 2025 was filed also seeking to be enjoined in the proceedings. The two Applications for joinder have been opposed through the Replying Affidavit of Ibrahim Hassan Abdi on his behalf and on behalf of the other Petitioners both sworn on 24th September, 2025. 4. Having listened to the arguments and sentiments of Counsel for the parties herein, this Court finds it prudent to issue the following directions to provide a way forward in the matter:a. The two joinder applications dated 17th September, 2025 and 24th September, 2-025 to be heard in priority and parties to canvass the same by way of written submissions. b. Given that the Petitioners have already filed their response to the two joinder applications, the Applicants/Intended Interested Parties are granted leave to file any Further Affidavit if need be, alongside written submissions within seven (7) days from the date hereof. c. The Petitions are equally granted corresponding leave to file and serve written sub missions within seven (7) days of being served with the Applicant’s/Intended Interested Parties submission. d. The matter to be mentioned on 16th October, 2025 for parties to confirm compliance and take a ruling date. e. The interim orders in place are hereby extended until then. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF SEPTEMBER ,2025. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13829/eng@2025-09-30 2
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In the presence of: Mr. Echessa holding brief for the Petitioner Mr. Gacharia counsel for 2nd Respondents M/S. Jarso counsel for 1st and 2nd Proposed Interested Party M/S ruth Kinya holding brief for Mr. Eric Theuri counsel for 1st to 12th Proposed Interested party Court Assistant – Martin Sakina https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13829/eng@2025-09-30 3
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