High court judge Hedwig Ongudi has declined to stop the prosecution of the Ndichu brothers over malicious damage to property and assaulting women at Ole Sereni Hotel in Nairobi.
The judge also declined to issue ex- parte orders barring the media from reporting on the matter and instead ordered the twin brothers to serve the Director of Public Prosecutions Noordin Haji and Inspector General of Police Hillary Mutyambai and the Attorney General Kihara Kariuki with the pleadings before hearing of the matter on March 28.
The directions by the Judge came after the Ndichu brothers, Paul and Edward, petitioned the High court on March 17, 2022 challenging their prosecution.
The duo claimed that the actions of the DPP are illegal and unless conservatory orders are issued, their fundamental rights would be trampled further.
Through their lawyer Kimani Kinyanjui, the duo urged the court to issue ex-parte orders to stay any proceedings against them in Kibera Law Courts case number E210 of 2022 pending the hearing and determination of the case challenging their prosecution.
The brothers further sought interim orders to call for the file in Kibera court and further prohibit the Director of Public Prosecutions and the Attorney General from instituting any further charges against them in respect to the assault incident.
“Pending hearing and determination of the application, a gag order be issued against all media houses print and electronic from reporting on the subject of this or any information relating to the petitioners,” Ndichu brothers urged the court.
The brothers wanted the orders issued on grounds that they have been subjected to ridicule and embarrassment by media, owing to the actions of the DCI and IG including being falsely labeled as sexual offenders.
“The applicants were not and have not been accorded an opportunity for an explanation on the reasons behind the actions taken by the DPP for the constant harassment, arbitrary arrests and the malicious prosecution, “reads court papers.
They aver that the criminal proceedings and criminal justice system is being manipulated by the DPP and agents of the Inspector General of Police for an ulterior motive and to achieve extraneous purposes.
“The petitioners’ arraignment and prosecution by the DPP Noordin Haji and Inspector General of Police Hillary Mutyambai is illegal and unlawful as the same is anchored on abuse of power, abuse of the process of the court and is oppressive.”
