Yuan v Directorate of Criminal Investigations (Nairobi Regional Ofice) & another (Judicial Review Application E386 of 2025) [2025] KEHC 18261 (KLR) (Judicial Review) (5 December 2025) (Ruling) Neutral citation: [2025] KEHC 18261 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW APPLICATION E386 OF 2025 RE ABURILI, J DECEMBER 5, 2025 BETWEEN ZHENG YUAN YUAN ............................................................................. APPLICANT AND DIRECTORATE OF CRIMINAL INVESTIGATIONS (NAIROBI REGIONAL OFFICE) ........................................................................................... 1ST RESPONDENT THE ATTORNEY GENERAL ..................................................... 2ND RESPONDENT RULING 1. I have perused the Chamber Summons dated 4/12/2025 filed under certificate of urgency. I do not find any urgency involved, noting that the impugned investigations and orders which are sought to be challenged began were issued over one month ago. I decline to certify the matter as urgent. 2. On the leave sought to apply, I have considered the grounds in support of the chamber summons and the statutory statement and annextures. I do find that the applicant has an arguable case, which need not necessarily be meritorious but that at this stage, the court cannot delve into the merits thereof until the applicant has been afiorded the opportunity to be heard substantively. 3. I therefore grant the applicant leave to apply for judicial review orders as per the prayers in the chamber summons dated 4/12/2025. 4. The Substantive motion shall be filed and served within 21 days of today and in a fresh substantive judicial review file. 5. On whether leave to apply should operate as stay of any further investigations into the alleged criminal ofience in view of the pending civil suit in Machakos HC Comm Case E023 of 2025, I am not satisfied https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18261/eng@2025-12-05 1
page 1 of 2
that this Court should at this stage stop ongoing investigations into an alleged ofience to establish whether the applicant may have committed an ofience or not, in view of section 193 A of the Criminal Procedure Code which permits concurrent civil and criminal proceedings. The section provides: “ 193A. Concurrent criminal and civil proceedings Notwithstanding the provisions of any other written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall not be a ground for any stay, prohibition or delay of the criminal proceedings." 6. This is not to say that this Court cannot quash criminal proceedings which are instituted to achieve a collateral purpose, but that concurrent criminal and civil proceedings per se do not render criminal investigations unlawful. 7. Additionally, from the applicant's affidavit and statutory statement, it is clear that the DCI have already confiscated her mobile phone pursuant to the lawful orders of the court at the Chief Magistrate’s Court at Milimani and extracted information from the said phone as part of their investigations. 8. I therefore decline to grant the stay sought. 9. I make no orders as to costs. 10. This file is closed. DATED, SIGNED & DELIVERED VIRTUALLY AT NAIROBI THIS 5TH DAY OF DECEMBER, 2025 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18261/eng@2025-12-05 2
page 2 of 2