SIMON NYAMANYA ONDIBA V. DIRECTOR OF PUBLIC PROSECUTIONS, CHIEF MAGISTRATE'S COURT AT MILIMANI, CHIEF MAGISTRATE'S COURT AT MAKADARA, INSPECTOR GENERAL & OF THE NATIONAL POLICE SERVICE; ROSE NJERI MACHARIA (INTERESTED PARTY)

RULING OF THE COURT

1. Simon Nyamanya Ondiba (the applicant) has invoked our jurisdiction under Rule 5(2)(b) of the Court of Appeal Rules (the Rules) seeking:-

i. Spent

ii. Stay of any further proceedings in Criminal Case Nos. 2067 of 2016 and 2788 of 2016 in the Chief Magistrate’s Court at Milimani and Makadara law courts respectively and/or any related charges over L.R No. 209/112931/1 pending determination of an intended appeal against the ruling of the High Court dated 5^th March, 2018 in J.R Misc. Applic. 440 of 2017.

He believes that the aforementioned orders would preserve the substratum of the intended appeal.

2. The genesis of the aforementioned application revolves around competing interests over the proprietorship of L.R. No. 209/112931/1 (suit property). Both Simandi Investments Ltd (a company under the control of the applicant) and the interested party hold titles over the suit property. According to the applicant, the interested party trespassed onto the suit property in Augus…