REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
(Coram: Odunga, J) 
JR MISC. APPLICATION NO. 21 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE BY THE APPLICANTS HEREIN TO INSTITUTE JUDICIAL
REVIEW PROCEEDINGS FOR THE PREROGATIVE ORDERS OF PROHIBITION AND CERTIORARI AGAINST
THE RESPONDENTS

-AND-

IN THE MATTER OF ARTICLES 10, 27, 40, 47, 48, 50, 51, 157 (11), 159 (2) (C) (D) (E), AND 232 OF THE
CONSTITUTION OF KENYA, 2010

-AND-
IN THE MATTER OF THE FAIR ADMINISTRATIVE ACTIONS ACT
-AND-
IN THE MATTER OF THE ENERGY ACT
-AND-
IN THE MATTER OF THE PETROLEUM ACT
-BETWEEN-

TALIB ZEIN SALIMIN.............................. 1^ST APPLICANT

MUSA ABDULLAHI ALI...................... 2^ND APPLICANT

-VERSUS-

ENERGY & PETROLEUM

REGULATORY AUTHORITY........... 1^ST RESPONDENT

ANTI COUNTERFEIT AGENCY.... 2^ND RESPONDENT

THE DIRECTOR OF PUBLIC PROSECUTIONS.. 3^RD RESPONDENT

-AND-

DANIEL GICHUHI................. 1^ST INTERESTED PARTY

EVANSON GITAU.................. 2^ND INTERESTED PARTY

PROTO ENERGY LIMITED.............. 3^RD INTERESTED PARTY

JUDGEMENT

Introduction

1. By a Motion on Notice dated 21^st February, 2020, the ex parte applicant herein seeks the following orders:

THAT this Honorable Court be pleased grant the judicial review orders of certiorari to bring before this court for purposes of being quashed the 1^st and 2^nd Respondents’ decision made on the 20^th December, 2019 to charge the Ex Parte Applicants and the Interested Parties herein in Criminal Case Number 995 of 2019 with various offences under

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