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JudgmentPERISTER KWAMBOKA OMWENGA & 3 OTHERS VS DIRECTOR OF CRIMINAL INVESTIGATION1 min read

PERISTER KWAMBOKA OMWENGA & 3 OTHERS VS DIRECTOR OF CRIMINAL INVESTIGATION

High Court at Milimani High Court · · Lawrence N. Mugambi

REPUBLIC OF KENYAIN THE HIGH COURT OF KENYA AT NAIROBICONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPETITION NO. 454 OF 2018

BETWEEN

FELISTER KWAMBOKA OMWENGA

T/a P.K OMWENGA & ASSOCIATES ADVOCATES..........PETITIONER

VERSUS

THE DIRECTORATE,

CRIMINAL INVESTIGATION DEPARTMENT…....... 1 ST RESPONDENT

CHINA ROAD & BRIDGE CORPORATIONLTD....... 2 ND RESPONDENT

KITEI PETER …….……………………….................. 3 RD RESPONDENT

AND

JOHN MERCERINO KIMANTI, ADVOCATE....1 ST INTERESTED PARTY

THE LAW SOCIETY OF KENYA……………...….2 ND INTERESED PARTY

RULING

The petition was predicated upon Criminal charges which the petitioner is now said to have been acquitted of. Since the parties have no objection with withdrawal of the petition, the order for withdrawal is maintained.

As for the costs, they are discretionally and petitioner having succeeded in Criminal Appeal, it would be unjust, in my view, to condemn him to pay costs, yet he has succeeded in challenging the Criminal Charges which were the core of the petition, though separately through Criminal Appeal.

The request for costs is declined.

Dated, signed and delivered in Nairobi this 21 st day of May, 2026.

………………………………..

L. N. MUGAMBI

JUDGE

CONSTITUTION PETITION NO 454 OF 2018 2 | Page