Abuzeki & another v ODPP (Criminal Revision E229 of 2025) [2025] KEHC 19322 (KLR) (7 November 2025) (Ruling) Neutral citation: [2025] KEHC 19322 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CRIMINAL REVISION E229 OF 2025 DO CHEPKWONY, J NOVEMBER 7, 2025 BETWEEN ADAM ABUZEKI ............................................................................... 1ST APPLICANT EYAS MODHESH .............................................................................. 2ND APPLICANT AND THE ODPP ............................................................................................ RESPONDENT RULING 1. This matter is scheduled for interparties hearing of the Notice of Motion application dated 4th November, 2025 in which the Applicant has sought for orders that:a. Spent; b. This Honourable Court ne pleased to invoke its supervisory jurisdiction under Article 165(6) and (7) of the Constitution of Kenya, 2010, and set aside in the entirety the decision of Hon. Nellyanne Nganga, RM, delivered on 3rd November, 2025 in Kiambu Chief Magistrate’s Court Miscellaneous Criminal Application No. E535 of 2025, wherein the learned Magistrate directed that the Applicants be detained at Kiambu Police Station for three (3) days and thereafter be released on police cash bail of Kshs. 50,000/= and in place thereof this Honourable Court be pleased to substitute the bond orders with an order directing the immediate release of the Applicants upon payment of cash bail of Kshs. 50,000/= each, to be deposited directly in court. c. This Honourable Court be pleased to issue such further or other orders as may meet the ends of justice in the circumstances. d. This Honourable Court be pleased to release the Applicant herein on reasonable cash bail terms and or any other terms that this Court deems fit pending the decision of the Office of https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19322/eng@2025-11-07 1
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the Director of Public Prosecutions in respect to the investigations being carried out against the Applicants. 2. The application is based on the grounds set out on its face and the Supporting Affidavit sworn by Abou Zeki Adhau Kassem on even date. 3. However, the Applicants’ counsel has sought to have the application withdrawn on the grounds that the same has been overtaken by events since the Applicants have been released. 4. There being no objection by the Respondent, the Notice of Motion application dated 4th November, 2025 be and is hereby withdrawn. 5. The file is therefore marked as closed. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 7TH DAY OF NOVEMBER, 2025. D. O. CHEPKWONY JUDGE In the presence of: M/s Mabango holding brief for Mr. Kimathi counsel for the Applicants. Mr. Muriuki counsel for Respondent. Court Assistant - Martin/Sakina. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19322/eng@2025-11-07 2
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