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Warrant of Arrest Application

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485 views

Warrant of Arrest Application

Uploaded by

Rovert
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF KENYA

IN THE MAGISTRATES’ COURT AT NAIROBI


MISC CAUSE NO. 25 OF 2024

REPUBLIC OF KENYA…………………………………………………………………
APPLICANT

VERSUS

NDONG KHADIESI (Alias Msee)…………………………………….…………


RESPONDENT

NOTICE OF MOTION

(Under Sections 64 of the National Police Service Act and Section


250 of the Penal Code)

TAKE NOTICE that this Honorable Court will be moved on the ……….day of
………March……… 2024 at 9.00 o’clock in the Morning or soon thereafter so
that the Applicant may be heard for ORDERS:-

1) THAT this application be heard ex-parte and service of the same be


dispensed with.

2) THAT this Honorable Court be pleased to issue a warrant of arrest


against one Ndong’ Khadiesi, the Respondent herein, to face charges
of common assault contrary of section 250 of the penal code Laws of
Kenya

WHICH APPLICATION is based on the following grounds :-

1) THAT the Applicant has been carrying out investigations into the case
of COMMON ASSAULT which the Respondent is the main suspect.

2) THAT the investigations have been ongoing by the Investigation


department of Hardy Police Station, whose findings have been
presented to the Office of the Director of Public Prosecutions.

3) THAT based on findings of the investigation the Office of the Director


of Public Prosecution have recommended that the Respondent be
charged for the said offence.
4) THAT despite the Respondent being served with summons requiring
her to present herself at the Hardy Police Station, she has intentionally
refused to comply hence this Application for his arrest.

WHICH APPLICATION is supported by the annexed affidavit of TREVOR


KANOGU and by further grounds to be raised during hearing.

DATED at NAIROBI this ………13th…..…. day of ..……..March………2024

DIRECTORATE OF CRIMINAL
INVESTIGATIONS HEADQUARTERS- NAIROBI

DRAWN & FILED BY


HARDY POLICE STATION
P. O Box 100-00100
NAIROBI

(If any party served does not appear at the time and place above
mentioned such orders shall be made and proceedings taken as the
Court shall deem just and expedient)
REPUBLIC OF KENYA
IN THE MAGISTRATES’ COURT AT NAIROBI
MISC CAUSE NO. 25 OF 2024

REPUBLIC OF KENYA…………………………………………………………………
APPLICANT

VERSUS

NDONG KHADIESI (Alias Msee)…………………………………….…………


RESPONDENT

SUPPORTING AFFIDAVIT

I, TREVOR KANOGU of Service No. 574583, of P.O. Box 100-00100 Hardy


within the Republic of Kenya do hereby make oath and state as follows:-

1. THAT I am the Investigating Officer well versed with the matter herein,
thus competent to swear this Affidavit.

2. THAT as the Investigating Officer, I have been carrying out


investigations into the case of COMMON ASSAULT which the
Respondent is the main suspect.

3. THAT at Tumbukiza Bar situated along Moi Drive in Umoja Estate,


Nairobi County, the Respondent caused fracas that led to Common
Assault Contrary to Section 250 of the Penal Code Laws of Kenya,

4. THAT the respondent assaulted one Ms. Skeeter Gathii who fainted
and was rushed to the hospital where the doctor's assessment of the
injuries concluded that it was a common assault.

5. THAT the investigations are ongoing and the Director of Public


Prosecutions (DPP) has recommended that the Respondent be charged
for the said offence.

6. THAT despite the Respondent being served with summons requiring


her to present herself at the Directorate of Criminal Investigations
Headquarters, she has intentionally refused to comply hence this
Application for his arrest.
7. THAT this Court has the jurisdiction to issue the said warrant of arrest.

8. THAT what is deponed herein is true to the best of my knowledge,


information and belief.

SWORN at NAIROBI by the said )


)
TREVOR KANOGU )
)
This 26th day of …MARCH…… 2024 ) ……………………………………………
DEPONENT
BEFORE ME )
)
)
COMMISSIONER FOR OATHS )

DRAWN & FILED BY:

CHIEF INSPECTOR
HARDY POLICE STATION
P. O Box 100-00100
HARDY
WARRANT OF ARREST

REPUBLIC OF KENYA

IN THE MAGISTRATES’ COURT AT NAIROBI

CRIMINAL CASE NO. 25 OF 2024

TO: The Officer in charge,

Hardy police station

Whereas Ndong’ Khadiesi alias Msee has this day been charged before this
Court for that she at Tumbukiza Bar situated along Moi Drive in Umoja
Estate, Nairobi County caused fracas that led to Common Assault Contrary to
Section 250 of the Penal Code Laws of Kenya,

Wherefore you are hereby commanded forthwith to apprehend the said


Ndong’ Khadiesi and to bring her before this court to answer to the said
charge and to further be dealt with according to the Law.

Dated this 17th day of March 2024.

…………………………………………..

Magistrate
COMMITAL ORDER

REPUBLIC OF KENYA

IN THE MAGISTRATES’ COURT AT NAIROBI

CRIMINAL CASE NO 25 OF 2024

To: THE OFFICER IN-CHARGE


HARDY POLICE STATION
NAIROBI

Whereas Ndong Khadiesi has this day been charged before me with
Common Assault contrary to section 250 of the Penal Code and has
been remanded till the 17th day of March 2024.

This is to authorize and command you to receive her into your custody and
to produce her in the court at……9….. am on the day named.

Dated this…14th ……..day of ……March………..2024

Further remanded at Industrial Area Prison until…………………19th March


2024 (Signature)……………TK………………

Further remanded until…………………………………..….…………20th March


2024

(Signature)…………TK…………..

Further remanded at Machakos Police Station until …………….22nd March


2024

(Signature)…………TK…………

Further remanded at Kamiti Maximum Prison until ……………..24th March


2024 (Signature)…………TK…………….

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