REPUBLIC OF KENYA 
IN THE HIGH COURT OF KENYA AT NAIROBI 
JUDICIAL REVIEW DIVISION 
JR. MISC. APP. NO. E190 OF 2021

REPUBLIC   ..................................... APPLICANT
VERSUS

THE DIRECTOR OF PUBLIC PROSECUTIONS ................ 1ST RESPONDENT

THE INSPECTOR OF GENERAL POLICE ............................ 2ND RESPONDENT

ANTI-COUNTERFEIT AUTHORITY  .......................... 3RD RESPONDENT

AND

REALTIME COMPANY LIMITED........................ 1sT INTERESTED PARTY

AGA KHAN UNIVERSITY HOSPITAL............... 2ND INTERESTED PARTY

AND

DAVETRONIC COMPANY LTD ................................. EX PARTE APPLICANT

WILLIAM MUTHEE...................................... EX PARTE APPLICANT

JUDGMENT

The Application

1.                          Pursuant to leave granted on 9th December 2021, the ex-parte

Applicants moved this court by a Notice of Motion Application dated 17th December 2021 premised under Order 53 Rules 1, 2, 3 and 4 of

the Civil Procedure Rules, 2010; Section 3A of the Civil Procedure Act (Cap 21)^. Laws of Kenya; Articles 22, 23, 27, 28 and 47 of the Constitution of Kenya; and Sections 25, 26, 32 and 33 of the Anti-Counterfeit Act No. 13 of2008 Laws of Kenya seeking for orders:

1. THAT this Honourable Court be pleased to issue an ORDER OF CERTIORARI against the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions and the Anti-Counterfeit Authority, stopping any or continuing the criminal proceedings in Criminal Case No. E876 of 2021- Republic Vs. lohnGray Communications Limited & Others against the Ex-Parte Applicant as far as the dispute is concerned.
2. THAT this Honourable Court be pleased to issue an ORDER OF PROHIBITION against the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions and the Anti-Counterfeit Authority, forbidding the further prosecution of Criminal Case No. E876 of 2021- Republic Vs. JohnGray Communications Limited & Others against the Ex parte Applicants as far this dispute is concerned.
3. THAT the Honourable Court be. pleased to grant any other and/ or further relief under terms that it may find fair and just in the circumstances.
4. THAT the costs of these proceedings be borne by the 1st Interested Party.

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