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JudgmentAPEX PROJECTS LIMITED AND ENGINEER TOM WAIHARO VS Directorate of Criminal Investigations - Bondo office AND State Law Office AND 3 Others1 min read

APEX PROJECTS LIMITED AND ENGINEER TOM WAIHARO VS Directorate of Criminal Investigations - Bondo office AND State Law Office AND 3 Others

High Court at Milimani High Court · · Gregory Mutai

6th August 2026.

The Hon Mr Justice Gregory Mutai.

Ex parte.

Directions of the Duty Court.

I have perused the Petition and the Chamber Summons and the Notice of Motion application, all dated 5th August 2026 , as well as the affidavits and the annexures thereto. The said Notice of Motion application seeks to stay the scheduled conduct of an audit or obtaining data from the 1st Applicant by the Respondents, pending the hearing and determination of the Petition filed herein, on the ground that doing so will prejudice the Petitioners and their clients. Having considered the said Petition and the Motion, I issue the following directions:

1. The said Notice of Motion application is hereby admitted for consideration during the Court Recess;

2. The said Petition, the Notice of Motion application, and these directions shall be served upon the Respondents and the Interested Party within seven days of the date hereof . The Petitioners/Applicants shall thereafter file a return of service to that effect;

3. The Respondents and the Interested Party shall have 14 days upon being served to enter appearance and file and serve their responses to the said Petition and the Notice of Motion application ;

4. The Petitioners/Applicants shall, within 14 days of being served with the responses of the Respondents and the Interested Party, file and serve rejoinders if need be, together with written submissions in support of the Petition and the Motion;

5. The Respondents and the Interested Party shall thereafter file and serve written submissions in opposition to the Petition and the Motion within 14 days of being served with the submissions of the Petitioners/Applicants ; and

6. The matter shall be mentioned for further directions on 13th October 2026 before Aburili, J.

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