I have read the order made by Chigiti, J on 22 February recusing himself from this matter. By reason of recusal, I have had to deal with the matter though I am currently on my annual leave.
That said, I have read the applicant's application dated 21 February 2024 filed under a certificate of urgency of even date. Looking at the reasons proffered for certification of the matter as urgent, I am satisfied that the application is urgent and it is so certified. For the reason that there is a pre-existing civil suit in which interim orders have been given in favour of the applicant over the subject matter that forms the substratum of the criminal charges against the applicant, I grant leave for the applicant to file a substantive motion for judicial review orders in terms of prayers (2) (i) and (ii)of the summons. For the same reason, leave shall operate as stay in terms of prayer 3 of the summons, pending the hearing and determination of the main motion. I direct the substantive motion to be filed and served within 21 days of the date of this order. The respondents shall file and serve their response to the motion, if any, within 14 days of the date date of service of the applicant's motion. The main motion shall be disposed of by way of written submissions and to this end:
1. The applicant's submissions shall be filed and served within seven days of the date of service of the respondents' response.
2. The respondents' submissions shall be filed and served within seven days of the date of service of the applicant's submissions.
3. Highlighting of submissions shall be on 16 April 2023.
It is so ordered.