GEOFFREY MAKANA ASANYO AND WANGUI KATHRYN KIMANI VS INSPECTOR GENERAL OF POLICE AND Director of Criminal Investigation AND 2 Others

RULING

1. The Court has perused the application dated 31/10/24 which was brought on the basis of Order 53 of the Civil Procedure Rules, 2010.
2. The Applicant is seeking for leave to file Judicial Review proceeding against the 1^st - 4^th Respondents and Interested Parties.
3. The decision being sought to be reviewed was made on 20/09/24 and the 1^st Applicant took a plea on 23/10/24 while the 2^nd Ex-parte Applicant took plea on 5/11/24 before the 4^th Respondent.
4. The Respondents were served but no reply has been filed.
5. The Interested Party has filed a Preliminary Objection on issue of jurisdiction.
6. The Court has considered the Application dated 31/10/24 and hereby grants leave to the 1^st & 2^nd Applicants to file the substantive Judicial Review application against the Respondents and the Interested Parties within 7 days from today’s date.
7. On the issue of stay, the court is of the view that because the applicants have already taken plea, the leave will not operate as a stay.
8. On the issue of jurisdiction of the court, the Interested Parties shall have leave to file the said Preliminary Objection once the substantive Judicial Review application has been filed.

IN THE PRESENCE OF:

COURT ASSISTANT: NGENO

PLAINTIFF: MR KONOSI FOR THE APPLICANT

DEFENDANT: MR MUTURI FOR THE I.P

                       MR ISABOKE FOR THE 2^ND & 3^RD RESPONDENT