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…………….
