JUDGMENT
Pursuant to the leave sought and obtained by the appellants from the High Court of Kenya at Nairobi (Aburili J) to commence judicial Review proceedings on 1st February 2017, the appellants moved the trial court by way of a notice of motion dated 3rd February 2017 seeking orders of: certiorari to quash the decision of the Director of Public Prosecutions “DPP” made on about 4th November 2016 to institute criminal proceedings against them in criminal case number 1735 of 2016 before the chief magistrate’s court at Nairobi “ the criminal case"; an order of certiorari to quash the proceedings in the criminal case; an order of prohibition to prohibit the chief Magistrate’s court from hearing and determining the criminal case and costs of the application.
The grounds in support of the application were that: despite an order made by the court on 1st November 2016, granting stay of any arrest or prosecution of the appellants in Judicial review application number 435 of 2015, the 1st resp…