REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW MISC. APPLICATION NO. E020 OF 2026
MATHEW OCHIENG………………………...1 ST EXPARTE APPLICANT
ANTONY OPIYO………………………...….. .2 ND EXPARTE APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS…..............1 ST RESPONDENT
DIRECTOR OF CRIMINAL INVESTIGATIONS…....2 ND RESPONDENT
INSPECTOR GENERAL OF POLICE………………...3 RD RESPONDENT
RENTCO AFRICA LIMITED…………………………..4 TH RESPONDENT
RULING
1. On 30/12/2025, vide HC JR E114/2024, this Court dismissed a substantive application filed by the present applicants seeking the same orders as the ones that leave is herein being sought to apply vide the chamber summons dated 11/2/2026.
2. The reasons for the dismissal were mainly, that the substantive motion dated 11/9/2024 was seeking prayers for leave and not the substantive Judicial Review Orders.
3. The applicants have once again approached this court vide the chamber summons dated 11/2/2026 seeking leave of court to apply for orders of certiorari, declaration and independent investigations on alleged bribes and undue influence against officers of the 1 st , 2 nd & 3 rd Respondents.
4. Essentially, the applicants seek to challenge their prosecution for offences of money laundering, conspiracy to commit a felony and stealing by servant as preferred by the Director of Public Prosecutions.
5. The JR E114/2024 was determined on 30/12/2025. The applicants have waited until 11/2/2026 to approach this court under certificate of urgency, after being summoned to appear before DCI on 11/2/2026 as per the notice of DCI dated 6/2/2026, served by C.I Susan Wambugu on 7/2/2026.
6. I do not find the application to be urgent. I decline to certify it as urgent. I further decline to grant any conservatory orders pending any intended process as the applicants have all along known that the DCI were investigating into allegations of money laundering, company fraud and stealing by servant against the applicants.
7. I however grant the applicant leave to apply for Judicial Review orders sought in the chamber summons dated 11/2/2026, as the issues raised are arguable. The substantive motion shall be filed and served within 21 days of today.
8. As these proceedings are commenced via Miscellaneous application, the substantive motion shall be filed in a fresh substantive Judicial Review file.
9. I make no orders as to costs of the application.
10. This file is closed.
11. I so order.
Dated, Signed and Delivered at Nairobi this 12 th Day of February, 2026
R.E. ABURILI
JUDGE
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW MISC. APPLICATION NO. E020 OF 2026
MATHEW OCHIENG………………………...1 ST EXPARTE APPLICANT
ANTONY OPIYO………………………...….. .2 ND EXPARTE APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS…..............1 ST RESPONDENT
DIRECTOR OF CRIMINAL INVESTIGATIONS…....2 ND RESPONDENT
INSPECTOR GENERAL OF POLICE………………...3 RD RESPONDENT
RENTCO AFRICA LIMITED…………………………..4 TH RESPONDENT
RULING
1. On 30/12/2025, vide HC JR E114/2024, this Court dismissed a substantive application filed by the present applicants seeking the same orders as the ones that leave is herein being sought to apply vide the chamber summons dated 11/2/2026.
2. The reasons for the dismissal were mainly, that the substantive motion dated 11/9/2024 was seeking prayers for leave and not the substantive Judicial Review Orders.
3. The applicants have once again approached this court vide the chamber summons dated 11/2/2026 seeking leave of court to apply for orders of certiorari, declaration and independent investigations on alleged bribes and undue influence against officers of the 1 st , 2 nd & 3 rd Respondents.
4. Essentially, the applicants seek to challenge their prosecution for offences of money laundering, conspiracy to commit a felony and stealing by servant as preferred by the Director of Public Prosecutions.
5. The JR E114/2024 was determined on 30/12/2025. The applicants have waited until 11/2/2026 to approach this court under certificate of urgency, after being summoned to appear before DCI on 11/2/2026 as per the notice of DCI dated 6/2/2026, served by C.I Susan Wambugu on 7/2/2026.
6. I do not find the application to be urgent. I decline to certify it as urgent. I further decline to grant any conservatory orders pending any intended process as the applicants have all along known that the DCI were investigating into allegations of money laundering, company fraud and stealing by servant against the applicants.
7. I however grant the applicant leave to apply for Judicial Review orders sought in the chamber summons dated 11/2/2026, as the issues raised are arguable. The substantive motion shall be filed and served within 21 days of today.
8. As these proceedings are commenced via Miscellaneous application, the substantive motion shall be filed in a fresh substantive Judicial Review file.
9. I make no orders as to costs of the application.
10. This file is closed.
11. I so order.
Dated, Signed and Delivered at Nairobi this 12 th Day of February, 2026
R.E. ABURILI
JUDGE