This is the Ruling with respect to the Petitioner/Applicant's Notice of Motion Application dated 10/12/2025. The Application seeks the review of the Court's previous directions and/or the release of Kenya Passport No. BKE75570, Kenyan Passport No. A1574217, and an International Vaccination Card No. 096160.
After hearing the parties and their counsel at today's hearing of the Application, I have considered the relative positions of the parties and in particular the Court Order of the Criminal Lower Court adduced vide the 1st, 2nd, and 4th Respondents Replying Affidavit dated 16/12/2025; and I note that the Order dated 08/07/2025 in Milimani Chief Magistrate Misc Criminal No. 2492 of 2025 does not mention the three travel documents sought.
I am satisfied that there is a change of circumstances that warrants a fresh consideration of the directions issued by this Court. I am satisfied that the Petitioner/Applicant has received an admission to the Florida Golf Course University to pursue a Masters of Science Degree, commencing in March 2026.
I take judicial notice that Visa Application for Student Visa is a lengthy process and I see no reason why the Respondents should continue to hold travel documents that are not covered by a court order of the lower court on the basis of investigations that have been ongoing since July of this year.
Consequently, and noting that the Respondents have not shown any lawful basis to continue to hold the travel documents sought by the Applicant, and on the other hand the Petitioner/Applicant has shown good and sufficient basis for this Court to ORDER the immediate release of the sought and following travel documents, WHICH I HEREBY DO:
a) Kenya Passport No. BKE75570;
b) Kenya Passport NO. A1574217; and
c) International Vaccination Card No. 096160.
6. The Investigating Officer, C.I. Nickson Kinyua, NO. 239238, shall personally handover the said documents as ORDERED by this Court to the Petitioner and/or the Petitioner's Counsel on or before Monday 22/12/2025.
7. Consequently, the Petitioner and/or his Counsel shall attend the Directorate of Criminal Investigations headquarters, Serious Crimes Unit on Monday 22/01/2025 at 09:00AM for the purposes of receiving of the said documents ordered released by this Court; with the proviso that the Investigating Officer may make earlier arrangements for the same.
8. Upon compliance, this Court further ORDERS and DIRECTS that the Investigating Officer, C.I. Nickson Kinyua, No. 239238 , shall file an Affidavit of Confirmation of Compliance under his hand, and the same shall be filed in Court on or before close of business 23/12/2025.
9. The Petitioner/Applicant's Notice of Motion Application dated 10/12/2025 is therefore fully determined accordingly and the remainder of the prayers in the Application dated 10/12/2025 are declined. No costs in the said Application shall accrue.
10. Orders accordingly.
DATED, SIGNED, AND DELIVERED VIRTUALLY ON THIS 18TH DAY OF DECEMBER, 2025.
After hearing the parties and their counsel at today's hearing of the Application, I have considered the relative positions of the parties and in particular the Court Order of the Criminal Lower Court adduced vide the 1st, 2nd, and 4th Respondents Replying Affidavit dated 16/12/2025; and I note that the Order dated 08/07/2025 in Milimani Chief Magistrate Misc Criminal No. 2492 of 2025 does not mention the three travel documents sought.
I am satisfied that there is a change of circumstances that warrants a fresh consideration of the directions issued by this Court. I am satisfied that the Petitioner/Applicant has received an admission to the Florida Golf Course University to pursue a Masters of Science Degree, commencing in March 2026.
I take judicial notice that Visa Application for Student Visa is a lengthy process and I see no reason why the Respondents should continue to hold travel documents that are not covered by a court order of the lower court on the basis of investigations that have been ongoing since July of this year.
Consequently, and noting that the Respondents have not shown any lawful basis to continue to hold the travel documents sought by the Applicant, and on the other hand the Petitioner/Applicant has shown good and sufficient basis for this Court to ORDER the immediate release of the sought and following travel documents, WHICH I HEREBY DO:
a) Kenya Passport No. BKE75570;
b) Kenya Passport NO. A1574217; and
c) International Vaccination Card No. 096160.
6. The Investigating Officer, C.I. Nickson Kinyua, NO. 239238, shall personally handover the said documents as ORDERED by this Court to the Petitioner and/or the Petitioner's Counsel on or before Monday 22/12/2025.
7. Consequently, the Petitioner and/or his Counsel shall attend the Directorate of Criminal Investigations headquarters, Serious Crimes Unit on Monday 22/01/2025 at 09:00AM for the purposes of receiving of the said documents ordered released by this Court; with the proviso that the Investigating Officer may make earlier arrangements for the same.
8. Upon compliance, this Court further ORDERS and DIRECTS that the Investigating Officer, C.I. Nickson Kinyua, No. 239238 , shall file an Affidavit of Confirmation of Compliance under his hand, and the same shall be filed in Court on or before close of business 23/12/2025.
9. The Petitioner/Applicant's Notice of Motion Application dated 10/12/2025 is therefore fully determined accordingly and the remainder of the prayers in the Application dated 10/12/2025 are declined. No costs in the said Application shall accrue.
10. Orders accordingly.
DATED, SIGNED, AND DELIVERED VIRTUALLY ON THIS 18TH DAY OF DECEMBER, 2025.