' I have considered the applicant''s chamber summonses, both dated 1 September 2025. The 1st chamber summons seeks the 2nd summons to be admitted for hearing during this Honourable Court''s current recess. I am satisfied that the summons seeking to file a substantive motion for judicial review reliefs is urgent, and it is so certified. I am also satisfied that, based on the material before court, the applicant merits leave to file a substantive suit for judicial review. Accordingly;
1. The Applicant is hereby granted leave to apply for Judicial Review orders of:
a. Prohibition, prohibiting the 1st, 2nd, and 3rd Respondents, their agents, servants, or any persons acting under their authority, from arresting, charging, arraigning, prosecuting, or in any way proceeding against the Applicant in relation to the subject matter of Mombasa Chief Magistrate''s Court Criminal Case No. E-1174 of 2025.
b. Certiorari, to bring into this Honourable Court and quash the decision of the 1st, 2nd, and 3rd Respondents to arrest, charge, and prosecute the Applicant in respect of the said Criminal Case.
2. The leave granted shall operate as a stay of the proceedings in the Mombasa Chief Magistrate''s Court Criminal Case No. E-1174 of 2025, including the plea scheduled for 4th September 2025, pending the hearing and determination of the substantive Judicial Review Application.
For purposes of expediting the hearing and determination of the substantive motion, I hereby direct as follows:
1. The motion shall be filed and served within 7 days of the date of this order.
2. The respondents and interested parties shall file and serve their response within 7 days of the date of service of the substantive motion.
3. The applicant''s submissions shall be filed and served within 7 days of the date of service of the respondents'''' and interested parties'''' response.
4. The respondents'''' and interested parties'''' submissions shall be filed and served within 7 days of the date of service of the applicant''s submissions.
5. The motion shall be mentioned on 8 October 2025 for such directions or orders as may be necessary.
Orders accordingly.'
1. The Applicant is hereby granted leave to apply for Judicial Review orders of:
a. Prohibition, prohibiting the 1st, 2nd, and 3rd Respondents, their agents, servants, or any persons acting under their authority, from arresting, charging, arraigning, prosecuting, or in any way proceeding against the Applicant in relation to the subject matter of Mombasa Chief Magistrate''s Court Criminal Case No. E-1174 of 2025.
b. Certiorari, to bring into this Honourable Court and quash the decision of the 1st, 2nd, and 3rd Respondents to arrest, charge, and prosecute the Applicant in respect of the said Criminal Case.
2. The leave granted shall operate as a stay of the proceedings in the Mombasa Chief Magistrate''s Court Criminal Case No. E-1174 of 2025, including the plea scheduled for 4th September 2025, pending the hearing and determination of the substantive Judicial Review Application.
For purposes of expediting the hearing and determination of the substantive motion, I hereby direct as follows:
1. The motion shall be filed and served within 7 days of the date of this order.
2. The respondents and interested parties shall file and serve their response within 7 days of the date of service of the substantive motion.
3. The applicant''s submissions shall be filed and served within 7 days of the date of service of the respondents'''' and interested parties'''' response.
4. The respondents'''' and interested parties'''' submissions shall be filed and served within 7 days of the date of service of the applicant''s submissions.
5. The motion shall be mentioned on 8 October 2025 for such directions or orders as may be necessary.
Orders accordingly.'