Ikuthu v Director of Public Prosecution & 4 others (Petition E006 of 2025) [2026] KEHC 4233 (KLR) (11 February 2026) (Ruling) Neutral citation: [2026] KEHC 4233 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI PETITION E006 OF 2025 LW GITARI, J FEBRUARY 11, 2026 BETWEEN VAITA IKUTHU ..................................................................................... PETITIONER AND THE DIRECTOR OF PUBLIC PROSECUTION ....................... 1ST RESPONDENT THE DIRECTOR OF CRIMINAL INVESTIGATIONS ........... 2ND RESPONDENT THE CHIEF MAGISTRATE’S COURT (KITUI) ....................... 3RD RESPONDENT THE ATTORNEY GENERAL ...................................................... 4TH RESPONDENT THE INSPECTOR GENERAL ..................................................... 5TH RESPONDENT RULING 1. This is a ruling in a Notice of Motion brought under Article 49(1)(a), 23(1), 22(1), 165(6), 50(1), 50(2) (a), B(j), 6(b) of the Constitution of Kenya 2010 and Section 362 of the Criminal Procedure Code. The applicant seeks orders that there be stay of proceedings and/or trial of the Chief Magistrate’s Court Criminal Case No. E912/2015 Republic v Vaita Ikuthu pending the hearing and determination of the petition herein. 2. That the court do issue an order prohibiting the respondents form proceeding with the prosecution in Chief Magistrate’s Court Criminal Case No. E912/2025 pending the hearing and determination of the Petition herein. That the court do issue an order directing 1st, 2nd & 5th respondent to investigate, arrest and prosecute the officer commanding station Kisasi Police station Mr. Dickson Leneresiat for obstructing justice contrary to Section 139(1) of the Criminal Procedure Code. 3. The application is based on ten grounds on the application. The contention is that the rights of the applicant were violated as he was not promptly informed of the charge as provided under Article 49(a) https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4233/eng@2026-02-11 1
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of the Constitution and that he was released on a cash bail to appear in court charged with Affray but upon appearing in court he was charged with a charge of assault. 4. The applicant contends that his rights under the Constitution were violated. He urges the court to exercise it supervisory jurisdiction over the sub-ordinate court which is donated under Article 165(7) of the Constitution. 5. I have considered the application. I have noted that the respondents were served and did not oppose the application. The applicant alleges that his Constitutional rights to fair trial were violated. Article 25 of the Constitution provides that: “ The right to fair trial shall not be limited.” 6. The respondents have not opposed the application. The allegations of the violation of the rights of the applicant has not been denied or controverted. I find the applicant should be given an opportunity to prosecute the Petition for the court to determine whether his rights have been violated. I therefore allow the application. 7. I allow Prayer No. 2 and order that there be stay of proceedings and or trial in the Chief Magistrate’s Court Criminal Case No. E912/2025 Republic v Vita Ikuthu pending the hearing and determination of the Petition herein. 8. Prayer No. 4 on the Notice of Motion to be determined along side the Petition to give the officer commanding station an opportunity to be heard. 9. The matter shall be mentioned to take directions on the hearing of the Petition. The respondents be served. DATED, SIGNED AND DELIVERED AT KITUI THIS 11TH DAY OF FEBRUARY 2026 HON. LADY JUSTICE L. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4233/eng@2026-02-11 2
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