Walia & 2 others v Director of Public Prosecutions & 2 others

3. THAT pending the hearing of this petition this honourable Court be please to issue a CONSERVATORY ORDER OF STAY suspending the criminal proceedings, prosecution, and further mention of Chief Magistrate’s Court Criminal Case No. E700/2026 (Republic v. Vijay Kant Walia). 4. THAT a CONSERVATORY ORDER be and is hereby issued restraining the 1 st and 2nd Respondents, whether by themselves, their agents, servants, or any person acting under issuing, enforcing, warrant of Extradiction Petitioner their Arrest, authority, or arising executing Red Request from Notice, against from any the or the facts underlying the Charge Sheet in Court File No. E700/2026. 2. The Petitioner, in a nutshell, avers in his affidavit in support of the Motion that he is being prosecuted over a transaction that is civil in nature. He states that the fraud charges against him relate to a parcel of land known as Nakuru/Municipality Block 16/167 his deceased mother bequeathed to him by a Will dated Page 2 of 4

page 2 of 4

14/1/2021. The Petitioner's deceased father is said to have been the original owner of the land. He was codirector of those who allegedly instigated the fraud charges, in a Company called St. Michael's High School Nakuru Limited. The Petitioner dismisses the charges as malicious and arising from corporate disputes. 3. Despite evidence of service of the Petition and the Application upon the Respondents, no replies have been put in. The Application is therefore deemed as unopposed. 4. The Application is allowed and conservatory orders issue as per prayers 3 and 4 to subsist until hearing and determination of this Petition. 5. The Costs of the Application shall be in the Cause. J. M. NANG’EA, JUDGE. Ruling, dated, signed and delivered virtually this 29th day of July, 2026. In the presence of: Page 3 of 4

page 3 of 4

Mr. Githui Advocate for the Petitioner Respondents, Absent Court Assistant (Jeniffer) J. M. NANG’EA, JUDGE. Page 4 of 4

page 4 of 4