REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW APPLICATION NO. E010 OF 2026
SAMUEL MBUGUA MAINA…………………………...................................APPLICANT
VERSUS
THE OFFICER IN-CHARGE CID STAREHE HEADQUATOR…..1 ST RESPONDENT
THE OFFICER COMMANDING POLICE STATION,
STAREHE POLICE STATION…….………………………………....2 ND RESPONDENT
THE INSPECTOR GENERAL
OF THE NATIONAL POLICE SERVICE……………………..…….3 RD RESPONDENT
THE DIRECTOR OF CRIMINAL
INVESTIGATIONS DEPARTMENT………………………………...4 TH RESPONDENT
DIRECTOR OF PUBLIC PROSECUTION (DPP)…………………..5 TH RESPONDENT
AND
ABDULLAHI…………………………………………………...1 ST INTERESTED PARTY
GALMA TUKYE………………………………………………2 ND INTERESTED PARTY
HASSAN MAJANI…………………………………………….3 RD INTERESTED PARTY
RULING
1. The applicant’s application dated 13 th January 2026 is brought under certificate of urgency. I find no urgency involved. I decline to certify it as urgent.
2. On the prayers for leave to apply for Judicial Review orders of certiorari and prohibition, I have perused the application by way of chamber summons, the statutory statement and verifying affidavit.
3. Without delving into the merits of the intended motion, I am satisfied at this stage that the applicant has an arguable case, which need not necessarily be successful, but that the applicants .
4. I hereby grant leave to the applicant to file a substantive motion seeking to challenge the Respondent’s decision to charge the applicant with the offences disclosed.
5. As the applicant has already paid for the substantive notice of motion which is on record and duly signed, I order that the Notice of Motion dated 13/1/2026 is hereby deemed to be duly filed.
6. I direct the applicant to forthwith effect service of the said Notice of Motion, the Chamber Summons and all accompanying documents together with this Ruling for leave to apply, upon the Respondents and Interested Parties, who shall have 10 days of the date of service to file and serve their responses to the Notice of Motion.
7. Thereafter, the applicant shall have 10 days of the date of service to file and serve a further affidavit if need be together with written submissions.
8. The Respondents and Interested Parties on their part shall have 10 days of date of service to file and serve written submissions.
9. The matter shall be mentioned on 25/2/2026 to confirm compliance and to fix a judgment date.
Dated, Signed and Delivered at Nairobi this 19 th Day of January, 2026
R.E. ABURILI
JUDGE
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW APPLICATION NO. E010 OF 2026
SAMUEL MBUGUA MAINA…………………………...................................APPLICANT
VERSUS
THE OFFICER IN-CHARGE CID STAREHE HEADQUATOR…..1 ST RESPONDENT
THE OFFICER COMMANDING POLICE STATION,
STAREHE POLICE STATION…….………………………………....2 ND RESPONDENT
THE INSPECTOR GENERAL
OF THE NATIONAL POLICE SERVICE……………………..…….3 RD RESPONDENT
THE DIRECTOR OF CRIMINAL
INVESTIGATIONS DEPARTMENT………………………………...4 TH RESPONDENT
DIRECTOR OF PUBLIC PROSECUTION (DPP)…………………..5 TH RESPONDENT
AND
ABDULLAHI…………………………………………………...1 ST INTERESTED PARTY
GALMA TUKYE………………………………………………2 ND INTERESTED PARTY
HASSAN MAJANI…………………………………………….3 RD INTERESTED PARTY
RULING
1. The applicant’s application dated 13 th January 2026 is brought under certificate of urgency. I find no urgency involved. I decline to certify it as urgent.
2. On the prayers for leave to apply for Judicial Review orders of certiorari and prohibition, I have perused the application by way of chamber summons, the statutory statement and verifying affidavit.
3. Without delving into the merits of the intended motion, I am satisfied at this stage that the applicant has an arguable case, which need not necessarily be successful, but that the applicants .
4. I hereby grant leave to the applicant to file a substantive motion seeking to challenge the Respondent’s decision to charge the applicant with the offences disclosed.
5. As the applicant has already paid for the substantive notice of motion which is on record and duly signed, I order that the Notice of Motion dated 13/1/2026 is hereby deemed to be duly filed.
6. I direct the applicant to forthwith effect service of the said Notice of Motion, the Chamber Summons and all accompanying documents together with this Ruling for leave to apply, upon the Respondents and Interested Parties, who shall have 10 days of the date of service to file and serve their responses to the Notice of Motion.
7. Thereafter, the applicant shall have 10 days of the date of service to file and serve a further affidavit if need be together with written submissions.
8. The Respondents and Interested Parties on their part shall have 10 days of date of service to file and serve written submissions.
9. The matter shall be mentioned on 25/2/2026 to confirm compliance and to fix a judgment date.
Dated, Signed and Delivered at Nairobi this 19 th Day of January, 2026
R.E. ABURILI
JUDGE