1. There are 3 Applications before this court.
The First one is dated 25/1/2024 and basically what was sought was a stay of the proceedings in Mombasa CMCRC NUMBER E090 of 2024. REPUBLIC VERSUS David Murithi Kanyi and Irene Benedette Waithera.
2. One IP Stephen Agutu swore an affidavit in response to that Application and it was filed on 4/3/2024.
3. On 11/3/2024, the Applicant through Mr. Egunza Advocate sought to file a supplementary affidavit to respond to the Replying Affidavit. The order was granted and a Ruling date set for 20/06/2024.
4. Two days before the ruling date , the Applicant filed the 2nd Application , dated 18/06/2024, seeking to arrest the Ruling that was scheduled for 20/06/2024.
5. The main ground was that they had afresh bundle of evidence that they wished to present.
6. I have not seen any response to that Application and Mr Ngiri for The DPP, appeared not to oppose the same. Consequently, on 2/07/2024, there were directions that the cross examination on the said affidavit/ or further evidence be on 23/09/2024.
7. On this date , 23/09/2024. Mr. Egunza said they had not received any response and time to comply was extended and somehow the matter did not proceed as scheduled for various reasons.
8. The Applicant then filed their 3rd Application dated 15/10/2024. It sought to stay some warrants of arrest that had been issued in the trial court. Directions were given and to date there is no response.
9. It is now 1 year and 1 month and some 2 weeks since the Applicant moved to court and there is no progress whatsoever save for a multiplication of APPLICATIONS yet there are interim orders.
10. I have noted that there is no response to the Application dated 15/10/2024 and the same is allowed.
11. As regards the application dated 18/06/2025, I do not see the need for the Applicant to be cross examined on their own evidence. Are they doubting the same? This appears to be a time buying gimmick.
12. The Applicant had been given leave to file a supplementary affidavit in support of their original application. This is what they should have done, file the additional documents.
13. I am therefore allowing the Application dated 18/06/2024 to the extent that the Applicant seeks to re open their case and file additional documents or evidence. The directions on cross examination are set aside.
14. The additional evidence should be filed and served upon the Respondents within the next 7 days of this Ruling, that is by close of business on 13/3/2025.
15. That leaves us with the original application dated 25/1/2024.
I will give the Respondents 7 days to file any response to the further affidavit or evidence by the Applicant. That is by 20/03/2025.
16. Thereafter the Applicant should file their submissions or supplementary submissions, if any, plus further supporting affidavit within 14 days of service. That is by 3/04/2025.
17. The Respondent to file their submissions , if any , by 9/04/2025.
18. If either side does not comply, the other side to file their documents on the due date.
19. The Ruling on the Application dated 25/1/2025 will be delivered on 30/04/2025.
20. In the meantime, the interim orders issued are extended until 30/04/2025.
Dated, signed & delivered in Open Court/online through MS TEAMS,
this 6th day of March 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
MR EGUNZA FOR THE APPLICANTS
MR NGIRI AND MS CHEROP FOR THE RESPONDENT
BEBORA COURT ASSISTANT
HON. LADY JUSTICE W. K. MICHENI
JUDGE