Common assault penal code section 250

Threatening breach of peace or violence – section 95

Idle and disorderly persons section 182 (d)

Offensive conduct conducive to breaches of peace –section 94

REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI LAW COURTS

MISCELLANEOUS CRIMINAL APPLICATION NO. 25 OF 2021

DIRECTORATE OF CRIMINAL INVESTIGATIONS ….…………….. APPLICANT

VERSUS
NAT ONDIMU…………………………………………….……. RESPONDENT EX-
PARTE

NOTICE OF MOTION

Under Section 100 and First Schedule of Criminal Procedure Code Cap 75 and Section
19 of the Police Act of Laws of Kenya.

Take Notice that the Honorable Chief Magistrate’s court shall be moved on …... day of
……. 2021 at 8.00a.m in the morning/afternoon or so soon thereafter as the matter may
be reached for hearing of the application on the part of the applicant for Orders.

1. THAT, this application be deemed fit for admission for hearing on a priority
basis.
2. THAT, the Honorable court be placed to issue a warrant of arrest to the applicant
Police Inspector XXX and party to arrest Nat Ondimu alias Msee from Ongata
Rongai’s Silent Nite Bar situate in Kajiado County where he resides.
3. THAT, there be orders as to the cost of this application which is supported by an
affidavit sworn by Police Inspector XXX and filed in support of this mention on
the grounds set out herein below:
(a) THAT, the applicant seeks to secure the appearance of the respondent Nat
Ondimu alias Msee in court.
 (b) THAT, the offence in question for which a warrant of arrest is sought is
common assault contrary to Section 250 of the Penal Code Cap 73 of Kenya,
the said offence is indictable and punishable by imprisonment. The particulars
are that the respondent on the day of 7th June 2021 in Tumbukiza bar within
Nairobi, assaulted Philipe Kabura.
(c) THAT, the offence in question requires an arrest to be made by way of a
warrant pursuant to the First schedule in the Criminal Procedure Code.
(d) THAT, the Respondent would not voluntarily appear in attendance as the
respondent immediately fled from the scene, hence necessary to retrieve him.
(e) THAT, the warrant of arrest will assist immensely in investigations and
securing attendance.
(f) WHICH APPLICATION is based on the following grounds and the grounds
in the annexed Supporting Affidavit of the Investigating Officer sworn by
XXX
DRAWN AND FILED BY:
XXXX.
SIGNED:…………………………………………. DATE:
………………………………………………………..

REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI LAW COURTS

MISCELLANEOUS CRIMINAL APPLICATION NO. 25 OF 2021

DIRECTORATE OF CRIMINAL INVESTIGATIONS ………………….. APPLICANT

VERSUS
NAT ONDIMU…………………………………………………. RESPONDENT EX-
PARTE

AFFIDAVIT
I XXX, an investigating officer currently attached to the Crime Unit DCI headquarters Box XXX
Nairobi do hereby swear and state as follows.
1) That I am a competent officer of sound mind to swear an affidavit
 2) That I am investigating a case of a commotion resulting to common assault at the live
concert at Tumbukiza Bar along Moi Drive at Nairobi County contrary to section 250 of
the Penal code.
3) That the complainant Philipe Kabura was hit on the head by a microphone where he
fainted in shock.
4) That the respondent Nat Ondimu alias Msee on the day of 7th June 202 in Tumbukiza bar
within Nairobi, assaulted Philipe Kabura by throwing a microphone at his head , during a
commotion at the bar resulting to his injuries. The respondent having immediately retreat
to his room in Kajiado County.
5) I therefore pray to this honorable court to issue a warrant of arrest.
6) That this affidavit is true to the best of my knowledge and belief.

Sworn at NAIROBI by
The said
XXX,
This ………… day of 2021
BEFORE ME

COMMISIONER OF OATHS

Warrant in first instance for

Apprehension of accused CRIMINAL 96

REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT MILIMANI

CRIMINAL CASE NO 25 OF 2021
TO: Investigating officer DCI ……………………………………...
 WHEREAS ……Nat Ondimu alias Msee………….. has this day been charged before this Court for that
he ……common assault contrary to Section 250 of the Penal Code, Nat Ondimu alias Msee on the day of 7th June
2021 in Tumbukiza bar within Nairobi, assaulted Philipe Kabura.

THEREFORE you are hereby commanded forthwith to apprehend the said accused person
………………………… and to bring him before this Court to answer to the said charge, and to be further dealt with
according to Law.
Dated this ………………8th ……………. Day of ……..…June……. 2021
………………………………..
Magistrate

COMMITAL ORDERS

Warrant of Commitment on Remand

REPUBLIC OF KENYA
IN THE MAGISTRATE’S COURT AT NAIROBI
MISC. CRIMINAL APPL. NO. 25 OF 2021
REPUBLIC …………………………………………………...……….…...……APPLICANT
VERSUS
NAT ONDIMU ………………………………...………………………….....….RESPONDENT

TO: THE OCS

HARDY POLICE STATION

WHEREAS NAT ONDIMU has this day been charged before me with COMMON ASSAULT
contrary to section 250 of the Penal Code Cap 63 and has been remanded till the…17th……day
of June 2021.
This is to authorize and command you to receive him into your custody and to produce him in
the court at……………9.00……a.m./p.m. on the day named.

Dated this……15th……..day of……………………June……..2021.

Further remanded until………………………………………………….

(Signature)……………………….
Magistrate

Further remanded until………………………………………………….

(Signature)……………………….
Magistrate
Further remanded until………………………………………………….
(Signature)……………………….
Magistrate
Warrant of Commitment on Remand

REPUBLIC OF KENYA
IN THE MAGISTRATE’S COURT
MISC. CRIMINAL APPL. NO. 25 OF 2021
REPUBLIC …………………………………………………...……….…...……APPLICANT
VERSUS
NAT ONDIMU ………………………………...………………………….....….RESPONDENT

TO: THE OFFICER IN CHARGE

INDUSTRIAL AREA PRISON

WHEREAS NAT ONDIMU has this day been charged before me with COMMON ASSAULT
contrary to section 250 of the Penal Code Cap 63 and has been remanded till the…19th……day
of June 2021.

This is to authorize and command you to receive him into your custody and to produce him in
the court at………9.00…………a.m./p.m. on the day named.
Dated this………17th…..day of………………June…………………..2021.

Further remanded until…………19th June 2021……………………………………….

(signature)……………………….
Magistrate

Further remanded unil………………………………………………….

(signature)……………………….
Magistrate
Further remanded unil………………………………………………….
(signature)……………………….
Magistrate
Warrant of Commitment on Remand

REPUBLIC OF KENYA
IN THE MAGISTRATE’S COURT AT NAIROBI
MISC. CRIMINAL APPL. NO. 25 OF 2021
REPUBLIC …………………………………………………...……….…...……APPLICANT
VERSUS
NAT ONDIMU ………………………………...………………………….....….RESPONDENT

TO: THE OFFICER INCHARGE

MACHAKOS PRISON

WHEREAS NAT ONDIMU has this day been charged before me with COMMON ASSAULT
contrary to section 250 of the Penal Code Cap 63 and has been remanded till the……22nd …day
of June 2021.

This is to authorize and command you to receive him into your custody and to produce him in
the court at………9.00…………a.m./p.m. on the day named.
Dated this……20th ……..day of…………………June………………..2021.

Further remanded unil………………………………………………….

(signature)……………………….
Magistrate

Further remanded unil………………………………………………….

(signature)……………………….
Magistrate
Further remanded unil………………………………………………….
(signature)……………………….
Magistrate

Warrant of Commitment on Remand

REPUBLIC OF KENYA
IN THE MAGISTRATE’S COURT AT MAKADARA
MISC. CRIMINAL APPL. NO. 25 OF 2021
 REPUBLIC …………………………………………………...……….…...……APPLICANT
VERSUS
NAT ONDIMU ………………………………...………………………….....….RESPONDENT

TO: THE OFFICER INCHARGE

KAMITI MAXIMUM PRISON

WHEREAS NAT ONDIMU has this day been charged before me with COMMON ASSAULT
contrary to section 250 of the Penal Code Cap 63 and has been remanded till the…24th ……day
of June 2021.

This is to authorize and command you to receive him into your custody and to produce him in
the court at…………9.00………a.m./p.m. on the day named.

Dated this……22nd ……..day of………………June…………………..2021.

Further remanded unil………………………………………………….

(signature)……………………….
Magistrate

Further remanded unil………………………………………………….

(signature)……………………….
Magistrate
Further remanded unil………………………………………………….
(signature)……………………….
Magistrate