Onyari & 5 others v Ofice of the Director of Public Prosecutions & another (Constitutional Petition E009 of 2026) [2026] KEHC 13220 (KLR) (21 May 2026) (Ruling) Neutral citation: [2026] KEHC 13220 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CONSTITUTIONAL PETITION E009 OF 2026 TW CHERERE, J MAY 21, 2026 BETWEEN DUKE SIMEON ONYARI ................................................................. 1ST APPLICANT DAVID OMBEGO .............................................................................. 2ND APPLICANT LEONARD NYAMASESE ................................................................. 3RD APPLICANT JOYCE ONYIEGO .............................................................................. 4TH APPLICANT ERICK AYUKA .................................................................................. 5TH APPLICANT SIMEON OGECHA ............................................................................ 6TH APPLICANT AND OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS 1ST RESPONDENT ETHICS AND ANTI-CORRUPTION COMMISSION ............ 2ND RESPONDENT RULING Ruling On Transfer Of Case Suo Motu 1. It is a cardinal principle of judicial administration that courts of concurrent jurisdiction ought to exercise restraint so as to avoid issuing contradictory orders or appearing to sit on appeal over each other’s decisions. Equally, parties and counsel appearing before court are under a duty to make full and frank disclosure of all material facts, particularly where there exist parallel proceedings touching on the same dispute and reliefs. 2. The Court notes that Nyamira HCCRMISCAPP E020 of 2026 was filed on 24th March 2026 seeking, inter alia, anticipatory bail, conservatory orders staying arrest and prosecution in relation to Keroka MCCGCR E001 of 2026, and orders restraining the Respondents from executing warrants of arrest issued against the Applicants pending hearing and determination of the application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13220/eng@2026-05-21 1
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3. Upon hearing the parties, this Court delivered its ruling on 08th April 2026 declining to grant the anticipatory and conservatory reliefs sought. The Court further directed that the interim anticipatory bail orders granted on 24th March 2026 would lapse on 12th April 2026 and ordered the Applicants to attend before the trial court in Keroka MCCGCR E001 of 2026 on 13th April 2026. 4. It has since emerged that on 07th April 2026, a day before this Court’s ruling in Nyamira HCCRMISCAPP E020 of 2026 was delivered, the Petitioners herein filed Bomet HCCR Petition E002 of 2026 and Bomet HCCR Petition E003 of 2026 seeking the same orders as those sought in Nyamira HCCRMISCAPP E020 of 2026, and obtained conservatory orders on the same date in relation to the same criminal proceedings and involving the same parties and subject matter. The said matters have since been transferred to this Court and are now registered as Nyamira HCCHRPET E008 of 2026 and Nyamira HCCHRPET E009 of 2026 respectively. 5. Notably, when Nyamira HCCRMISCAPP E020 of 2026 came up for ruling on 08th April 2026, counsel for the Applicants did not disclose the existence of the parallel proceedings and the conservatory orders already issued therein, nor was any effort made to withdraw the matter despite substantially similar relief having already been obtained before another court of concurrent jurisdiction. 6. In those circumstances, the institution of parallel proceedings before courts of concurrent jurisdiction concerning the same criminal proceedings, parties and reliefs created the real possibility of conflicting decisions and undermined the orderly administration of justice. 7. This Court is therefore satisfied that the prudent course is to refrain from making any further substantive pronouncements on Nyamira HCCHRPET E008 of 2026 and Nyamira HCCHRPET E009 of 2026. 8. Accordingly, Nyamira HCCHRPET E008 of 2026 and Nyamira HCCHRPET E009 of 2026 are hereby transferred to the Anti-Corruption and Economic Crimes (ACEC) Division of the High Court at Milimani Nairobi for further directions and disposal. 9. For the foregoing reasons, this Court declines to extend the conservatory orders previously issued in these petitions. DELIVERED AT NYAMIRA THIS 21ST DAY OF MAY 2026 WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Hilda For Petitioners - N/A for & Co. Advocates For 1st Respondent - Mr. Chirchir (SDDPP) For 2nd Respondent - Ms. Yator https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13220/eng@2026-05-21 2
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