RIA SHIRAZ HUSSEIN VS SENIOR RESIDENT MAGISTRATE COURT AT MOMBASA AND DIRECTOR OF PUBLIC PROSECUTIONS AND 1 Others

I have read the applicant's application dated 30 January 2025 filed under a certificate of urgency of even date. I am satisfied that the application is urgent and it is so certified. Leave is hereby granted to the applicant to file a substantive motion for judicial review order reliefs in terms of prayers 1, 2, 3 and 4 of the chamber summons.  I direct that the motion be filed and served within seven days of the date of this ruling. The respondents' response shall be filed and served within seven days of the date of service of the applicant's motion. The motion shall be mentioned for directions on the manner of its disposal on 26 February 2025. I note that, prior to the prosecution of the applicant, the Director of Public Prosecutions had initially taken the position that the investigations had revealed that the dispute between the applicant and the complaint was of a civil nature. For this reason, the prayer for leave to operate as stay in terms of prayer 5 of the chamber summons is granted pending the hearing of the motion or until further orders of this Honourable Court. It is so ordered.