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Original judgment

Peter Young Green Mudeyi & 1 other v Central Bank of Kenya & 4 others

Mudeyi & another v Central Bank of Kenya & 4 others (Constitutional Petition E001 of 2025) [2026] KEHC 2334 (KLR) (26 February 2026) (Ruling) Neutral citation: [2026] KEHC 2334 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA CONSTITUTIONAL PETITION E001 OF 2025 RPV WENDOH, J FEBRUARY 26, 2026 BETWEEN PETER YOUNG GREEN MUDEYI ................................................ 1ST PETITIONER LEWIS MORARA ............................................................................ 2ND PETITIONER AND CENTRAL BANK OF KENYA ..................................................... 1ST RESPONDENT CREDIT REFERENCE BUREAU AFRICA LIMITED (TRADING AS TRANSUNION) ............................................................................ 2ND RESPONDENT METROPOL REFERENCE BUREAU LIMITED ...................... 3RD RESPONDENT CREDIT REFERENCE BUREAU KENYA LIMITED ............... 4TH RESPONDENT THE HON. ATTORNEY GENERAL .......................................... 5TH RESPONDENT RULING 1. The Court has considered Mr Ong’udi’s application to have the petition withdrawn with no order as to costs. 2. The Counsel for 1st Respondent Mr. Akello and Mr Oduor for 2nd, 3rd and 4th Respondents do not oppose the withdrawal of the Petition but insist on costs being paid. Their argument is that the petitioner did not do due diligence before filing the Petition because Nairobi Petition 782/2023 in respect to the same issues was already in existence. 3. I do agree that the petitioner should have taken keen interest in finding out which such matter existed in the court or before filing the petition. Due diligence was not done. However, after the Respondents filed the Preliminary Objections to the Petition and the court gave directions for the filing of written submissions on the Preliminary Order, on 6/11/2025 and before other steps were taken in the matter, https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2334/eng@2026-02-26 1

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the petitioner has acted with haste to withdraw the petition by withdrawal notice dated 25/11/2025, so that the Respondents have not sufiered any serious loss in terms of time and costs. I direct that this petition be withdrawn with no order as to costs. DATED, SIGNED AND DELIVERED IN KAPENGURIA THIS 26TH DAY OF FEBRUARY, 2026. HON. R. WENDOH JUDGE Judgment read in the presence of; Mr. On’gudi for 1st Petitioner. Mr. Akello for 1st Respondent. Mr. Oduor for 2nd, 3rd and 4th Respondent. Juma/Hellen - Court Assistants. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2334/eng@2026-02-26 2

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