I have read the applicant's application dated 3 May 2024 filed under a certificate of urgency of even date. I am satisfied that the applicant is urgent and it is so certified. I am also satisfied that the applicant merits leave to file a motion for judicial review. Leave is granted for the applicant to seek judicial review reliefs in terms of prayers (b) (i) and (ii) of the chamber summons. Before determining the question whether the prosecution of the applicant is motivated by malice or is for collateral purpose, the grant of leave shall operate as stay of the criminal proceedings against the applicant in Kibera Chief Magistrates Court Criminal Case No. E948 of 2024; Republic versus Moses Kiplangat, pending the hearing and determination of the motion for judicial review orders. In order to expedite the disposal of the main motion, I hereby order as follows:
(a) The motion shall be filed and served within 7 days of the date of this ruling.
(b) The respondent and the interested parties shall file and serve their response within 7 days of the date of service of the applicant's motion.
(c) The applicant's motion shall be mentioned on 29 May 2024 for purposes of taking directions on the manner of its disposal.
It is so ordered.
(a) The motion shall be filed and served within 7 days of the date of this ruling.
(b) The respondent and the interested parties shall file and serve their response within 7 days of the date of service of the applicant's motion.
(c) The applicant's motion shall be mentioned on 29 May 2024 for purposes of taking directions on the manner of its disposal.
It is so ordered.