1. Before me is a Chamber Summons dated 21st August 2026, brought ex parte under Order 53 Rule 1(1) and (2) of the Civil Procedure Rules, 2010, Sections 8 and 9 of the Law Reform Act, Cap 26, and Article 165(6) and (7) of the Constitution of Kenya, 2010. It is supported by a Certificate of Urgency, a Statutory Statement, a Supporting Affidavit and a Verifying Affidavit, all dated and sworn on 21st August 2026 by the ex parte applicant, who acts in person.
2. By the said application the ex parte applicant seeks leave to apply for an order of mandamus to compel the 1st and 2nd respondents to produce the forensic investigation report in respect of OB No. 22/19/11/2012 at Serem Police Station, and the comparison report of the two death certificates said to be in their custody, in connection with Succession Cause No. 25 of 2012 at the Senior Principal Magistrate’s Court at Hamisi. He further prays that the grant of leave do operate as a stay.
3. I have perused the Certificate of Urgency and the supporting material. The applicant deposes that the disputed documents were surrendered to the 2nd Respondent for forensic examination, that the reports have been outstanding since 2012, that the Office of the Director of Public Prosecutions has on several occasions requisitioned the file, and that the requisite notice under Section 13A of the Government Proceedings Act, Cap 40, has been served and has since expired. On that material, and without in any way determining the merits of the intended application, I am not satisfied that the matter discloses sufficient urgency to warrant priority hearing.
4. As to the prayer for stay, Order 53 Rule 1(4) of the Civil Procedure Rules confines the stay that may attend a grant of leave to applications in which an order of prohibition or certiorari is sought. The relief sought here is mandamus. That prayer is in any event premature at this stage and is better canvassed at the hearing of the application for leave, and is accordingly reserved.
5. Accordingly, I make the following orders:
I. THAT for avoidance of doubt the application is not hereby certified urgent.
II. THAT the applicant shall serve the application together with all supporting documents and this Ruling upon the Respondents and upon the Honourable Attorney General within seven (7) days of the date hereof, and shall file an affidavit of service.
III. THAT the matter be mentioned on 22nd of September 2026 to confirm compliance and further Direction.
IV. THAT costs of this application shall be in the cause.
It is so ordered.
2. By the said application the ex parte applicant seeks leave to apply for an order of mandamus to compel the 1st and 2nd respondents to produce the forensic investigation report in respect of OB No. 22/19/11/2012 at Serem Police Station, and the comparison report of the two death certificates said to be in their custody, in connection with Succession Cause No. 25 of 2012 at the Senior Principal Magistrate’s Court at Hamisi. He further prays that the grant of leave do operate as a stay.
3. I have perused the Certificate of Urgency and the supporting material. The applicant deposes that the disputed documents were surrendered to the 2nd Respondent for forensic examination, that the reports have been outstanding since 2012, that the Office of the Director of Public Prosecutions has on several occasions requisitioned the file, and that the requisite notice under Section 13A of the Government Proceedings Act, Cap 40, has been served and has since expired. On that material, and without in any way determining the merits of the intended application, I am not satisfied that the matter discloses sufficient urgency to warrant priority hearing.
4. As to the prayer for stay, Order 53 Rule 1(4) of the Civil Procedure Rules confines the stay that may attend a grant of leave to applications in which an order of prohibition or certiorari is sought. The relief sought here is mandamus. That prayer is in any event premature at this stage and is better canvassed at the hearing of the application for leave, and is accordingly reserved.
5. Accordingly, I make the following orders:
I. THAT for avoidance of doubt the application is not hereby certified urgent.
II. THAT the applicant shall serve the application together with all supporting documents and this Ruling upon the Respondents and upon the Honourable Attorney General within seven (7) days of the date hereof, and shall file an affidavit of service.
III. THAT the matter be mentioned on 22nd of September 2026 to confirm compliance and further Direction.
IV. THAT costs of this application shall be in the cause.
It is so ordered.