'1. The Notice of Motion dated 11th October, 2025 was coming up for further directions today.
2. The respondents have filed grounds of opposition.
3. The petitioner/applicant seeks orders inter-alia that:
a) That Pending the inter-partes hearing and determination of the Petitioner/Applicant’s Notice of Motion application this Honourable Court be pleased to issue a conservatory order restraining the Respondents jointly and severally and whether directly or through their employees, Servants, agents, continuing with the prosecution, or causing or continuing the prosecution of the petitioner or any of the petitioners directors in Kiambu MCCR/E1743/2025 and staying the proceedings in the said case.
4. Though Mr. Mogeni has strongly submitted in favour of granting this prayer, the respondent have faulted the application indicating that it is at variance with what the main petition seeks.
5. I have carefully gone through the prayers in the main petition and indeed I have confirmed that there is no mention of any pending criminal case or on-going prosecution that the Petitioner now seeks to specifically stop.
6. The petitioner cannot thus introduce a foreign prayer within an application that is not in tandem with the petition itself without seeking leave of court to amend the petition. That is changing the nature of the petition as the prayers in an application do not align with what the main petition seeks.
7. I find that the application is misconceived and thus incapable of being sustained. It is rejected. Previous direction on the main petition shall be maintained. Highlighting on 12th March, 2026.
Dated, signed and delivered virtually at Nairobi this 24th day of October, 2025.
……………………………………
L N MUGAMBI
JUDGE
'
2. The respondents have filed grounds of opposition.
3. The petitioner/applicant seeks orders inter-alia that:
a) That Pending the inter-partes hearing and determination of the Petitioner/Applicant’s Notice of Motion application this Honourable Court be pleased to issue a conservatory order restraining the Respondents jointly and severally and whether directly or through their employees, Servants, agents, continuing with the prosecution, or causing or continuing the prosecution of the petitioner or any of the petitioners directors in Kiambu MCCR/E1743/2025 and staying the proceedings in the said case.
4. Though Mr. Mogeni has strongly submitted in favour of granting this prayer, the respondent have faulted the application indicating that it is at variance with what the main petition seeks.
5. I have carefully gone through the prayers in the main petition and indeed I have confirmed that there is no mention of any pending criminal case or on-going prosecution that the Petitioner now seeks to specifically stop.
6. The petitioner cannot thus introduce a foreign prayer within an application that is not in tandem with the petition itself without seeking leave of court to amend the petition. That is changing the nature of the petition as the prayers in an application do not align with what the main petition seeks.
7. I find that the application is misconceived and thus incapable of being sustained. It is rejected. Previous direction on the main petition shall be maintained. Highlighting on 12th March, 2026.
Dated, signed and delivered virtually at Nairobi this 24th day of October, 2025.
……………………………………
L N MUGAMBI
JUDGE
'