Ouyang & 10 others v Anti-Terrorism Police Unit & another (Miscellaneous Criminal Case E085 of 2025) [2025] KEHC 19307 (KLR) (12 September 2025) (Ruling) Neutral citation: [2025] KEHC 19307 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CRIMINAL CASE E085 OF 2025 DO CHEPKWONY, J SEPTEMBER 12, 2025 BETWEEN ZILIANG OUYANG ........................................................................... 1ST APPLICANT SOON FUH SIEW .............................................................................. 2ND APPLICANT LIM WEI SEANG KELVIN ............................................................... 3RD APPLICANT YUEN WENG KIN ............................................................................ 4TH APPLICANT PRASHIKA RAI ................................................................................ 5TH APPLICANT SAHEED OLAKUNLE ADEGOKE .................................................. 6TH APPLICANT PAUL KWAMINA DANTSE ............................................................. 7TH APPLICANT KYADDONDO MICHAEL ............................................................... 8TH APPLICANT DANIEL SIBOLLA ............................................................................. 9TH APPLICANT CHELSEA DEON IMBUHIRA ...................................................... 10TH APPLICANT EDWARD WAFULA SIMIYU ......................................................... 11TH APPLICANT AND ANTI-TERRORISM POLICE UNIT ........................................... 1ST RESPONDENT REPUBLIC THRU’ THE DIRECTOR OF PUBLIC PROSECUTION .... 2ND RESPONDENT RULING 1. This matter was to come up for mention on 11th September, 2025 for parties to take directions on the Notice of Motion application dated 18th February, 2025, seeking for orders that:- https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19307/eng@2025-09-12 1
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a. Spent; b. This Honourable Court be pleased to set reasonable bond/bail terms pending formal charge, taking into account the Applicant’s presumption of innocence under Articles 50(2)(a) of the Constitution of Kenya. c. This Honourable Court be pleased to order and direct that the Applicants herein report to the Investigating Officer once every week to assist the 1st Respondent in the investigations. d. This Honourable Court be pleased to call for the record and proceedings of the Magistrate’s Court for the purpose of ascertaining the correctness, legality and propriety of the Order issued on 11th August, 2025 – Kahawa Criminal Miscellaneous Case Bi,E413 of 2025 and to issue any other order or direction that is appropriate to ensure the fair administration of justice. e. An Order be and is hereby issued setting aside the Ruling and Order issued by Kahawa Magistrate’s Court on 11th August, 2025 in Kahawa Criminal Miscellaneous Case No.4134 of 2025. 2. The application is predicated on the grounds set out on its face and substantiated in the Supporting Affidavit sworn by the Applicants’ counsel, Isaac Rene on even date. The gist of it being that the continued detention of the Applicants in custody until 21st August, 2025 without a formal charge being laid in court amounts to a violation of their rights to liberty and an erosion of all the gains made in the advancement of Human Rights and Fundamental Freedoms as guaranteed under the Bill of Rights since the Promulgation of the Constitution, 2010. 3. This matter was placed before Hon. Justice Mshila on 13th August, 2025 for consideration and she directed that the same be placed before this Court on 11th September, 2025 for directions. It has been placed before this Court today and on perusal of the record, the Court has established that the Applicants’ counsel has filed a Notice of Withdrawal dated 13th August, 2025 in which they seek to have the matter withdrawn in its entirety for the reason that it was erroneously filed. 4. It is worth-noting that neither the Applicants nor their counsel are in attendance. 5. In view of the above circumstances, this matter be and is hereby withdrawn in its entirety with no orders as to costs. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 12TH DAY OF SEPTEMBER ,2025. D. O. CHEPKWONY JUDGE In the presence of: No appearance for and by either party Court Assistant - Kinyua https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19307/eng@2025-09-12 2
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