Malori & Buses Parts Ltd & another v Anti Counterfeit Authority & 2 others (Petition E294 of 2026) [2026] KEHC 9497 (KLR) (Constitutional and Human Rights) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9497 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS PETITION E294 OF 2026 RE ABURILI, J JULY 2, 2026 BETWEEN MALORI & BUSES PARTS LTD ..................................................... 1ST PETITIONER HAROLD SHAKKE MWANG’ONDI ............................................ 2ND PETITIONER AND THE ANTI COUNTERFEIT AUTHORITY .............................. 1ST RESPONDENT SCANIA EAST AFRICA LIMITED ............................................ 2ND RESPONDENT THE HON. ATTORNEY GENERAL .......................................... 3RD RESPONDENT RULING 1. The petitioner’s counsel seeks for an interim conservatory order staying the taking of plea and prosecution of the 2nd petitioner, submitting that her client has been charged at Mavoko Law courts, and that this court should stay the Criminal prosecution because the 2nd petitioner is challenging the investigations and hence, the charges levelled against him, it is important to note that Criminal Prosecution can only be instituted and the prosecution be mounted by the Director of Public Prosecutions pursuant to Article 157 6 of the Constitution. 2. The 2nd petitioner has been charged before a court of competent jurisdiction and is being prosecuted by the Director of Public Prosecutions, with the 1st respondent being the main complainant on alleged counterfeit ofiences. 3. However, the Director of Public Prosecutions is not a party to these proceedings and neither is the court which has received the charges against the 2nd petitioner. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9497/eng@2026-07-02 1
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4. In the circumstances, this court cannot stay a prosecution or taking of the plea as sought, noting that the petitioner has the right to raise any issues of law before the criminal trial court and should this court find that the petitioner has established a prima facie case, then it is not prevented from making appropriate orders after a substantive hearing of the application for conservatory orders. The court is ready to hear the parties only that not all the parties have complied with the directions given on 2/6/2026. 5. In the premises I am not satisfied that the court should grant any interim conservatory orders sought, which I hereby decline. 6. Parties to appear for highlighting of their submissions on the conservatory orders on 10/7/2026. 7. With the concurrence of all parties to this petition, the Director of Public Prosecutions is hereby enjoined to these proceedings as the 4th respondent and as Ms Kihara for ODPP is present in court, the petitioners’ counsel is directed to forthwith serve upon the ODPP all pleadings and responses filed. The DPP has three days of today to file and serve a response and brief written submissions to the application dated 8th May, 2026. 8. Meanwhile, the application dated 15/6/2026 filed by the petitioner, under certificate of urgency is hereby marked as wholly withdrawn with no orders as to costs, on the oral application by the petitioner’s counsel Ms Wachira. 9. The 2nd respondent is granted 7 days of today to comply with the court’s directions given on 2/6/2026. 10. I so order. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF JULY, 2026 R.E ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9497/eng@2026-07-02 2
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