Three Seek to Be Enjoined in Bid to Stop Benson Ndeta Criminal Trial at High Court

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A certificate of urgency has been filed at the High Court in Nairobi opposing attempts to halt the ongoing criminal trial against Benson Sande Ndeta.

The application seeks to have the matter certified as urgent and heard on priority basis, even as new parties move to be enjoined in the proceedings.

The application has been filed through advocate Danstan Omari and is supported by a sworn affidavit dated April 14, 2026, by John Gachanga Kaiganaine, who is seeking admission as an interested party.

Counsel argues that he has a direct and substantial interest in the matter and should be allowed to participate before any orders affecting the trial are issued.

Gachanga is also seeking the joinder of Savannah Heights Limited as an interested party alongside Donald Kiboro Mwaura, stating that their participation is necessary for the fair determination of the issues before court.

Counsel Danstan Omari,John Gachanga an interested party during a press briefing outside Milimani law courts on April 15,2026

The applicants argue that the matter raises issues of public interest and the administration of justice. They further state that any delay in hearing the application could prejudice both the prosecution and other affected parties in Criminal Case No. E1218 of 2024 pending before the Milimani Magistrate’s Court.

In the affidavit, Gachanga terms the bid to halt the prosecution an abuse of court process. He states that a similar application was previously dismissed in Constitutional Petition No. E660 of 2024.

In that decision, Justice Bahati Mwamuye upheld the actions of the Director of Public Prosecutions, finding that the prosecution was lawfully instituted and without bad faith.

He further rejects reliance on a parallel civil case, HCCOMM No. E081 of 2023, stating that civil proceedings cannot be used to stop or determine criminal proceedings.

The applicants argue that the current attempt amounts to re-litigation of issues already determined by a competent court.

The High Court will first determine whether the matter meets the threshold of urgency, whether the interested parties should be admitted, and whether the criminal trial against Ndeta will proceed without interruption.

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