REPUBLIC OF KENYA INTHE CHIEF MAGISTRATE'S COURT OF KENYA AT NAIROBI CRIMINAL DIVISION MISC. CRIMINAL APPLICATION NO, E2494 OF 2021 KENYA DAIRY BOARD. -versus- REPUBLI -AND- ABDIRAHMAN ALI HASSAN. -INTERESTED PARTY (Under Sections 4, 17 and 19 of the Dairy Industry Act, Chapter 336 Laws of Kenya and all other enabling provisions of the law) TAKE NOTICE that this Honourable Court shall be moved on thesmnuuuday Of nssmnee2O2I at 9.00 O'clock in the forenoon or soon thereafter as Counsel for the Interested Party may be heard on an Application for ORDERS THAT: - 1. THAT this application be certified urgent and heard ex parte in the first instance. 2. THAT this Honourable Court be pleased to issue an order of temporary stay of execution of its orders issued on 6t August 2021 pending the hearing and determination of this application inter-partes, 3. THAT this Honourable Court be pleased to review, vary, set aside and/or vacate its orders issued on 6" August 2021. 4. THAT the Managing Director of the Kenya Dairy Board be compelled by an order of this Honourable Court to produce the seized dairy products and surrender the same to Nairobi Police Headquarters (Nairobi Area) for safe custody and storage. 5. THAT Kenya Dairy Board be compelled by an order of this Honourable Court to produce an inventory of the seized dairy products to the Interested Party and the police, 6. THAT the Interested Party be charge if he has committed any criminal act or omission, 7. THAT the Chief Inspector of Police Nairobi Regional Police Headquarters to ensure compliance with these orders. 8, THAT the costs of this application be provided for. WHICH APPLICATION is premised on the grounds THAT:1. The Interested Party operates a retail business that sells food including dairy products. 2. The Interested Party has a store situate at Al-hidaya Apartments, Kipande Athmani Street, Estleigh within Nairobi County. 3. That on or about 7% July 2021, the Interested Party closed his store to run other errands when he was informed by neighbors that unknown persons had broken into the store, 4. That when the Interested Party returned to the store, he discovered that his consignment of dairy products valued at Kenya shillings Three Million Five Hundred ‘Thousand (Kshs. 3,500,000.00) was missing. 5. That on further inquiry, he was informed that the seizure was conducted by officials from Kenya Dairy Board. 6. That the said seizure was unlawful and illegal and that it was for undisclosed reasons, 7. That by virtue of the Articles 19, 20, 21, 22, 23, 24, 27, 35, 40, 47 and 50 of the Constitution, Kenya Dairy Board, by their wrongful action and unlawful conduct are infringing upon the Interested Party's rights to protect its property, fair administrative action and right to fair hearing, The Interested Party avers that any attempts to deprive and/or interfere with his proprietary rights arbitrarily and/or otherwise is unlawful, illegal, null and void and of no consequence whatsoever. 8. That despite the Interested Party surrendering to the police and officials of the Kenya Dairy Board, no charges have been preferred against him. 9. The Interested Party has been and continues to be harassed by a Mr. Erastus Mutiso and other employees of Kenya Dairy Board. 10. The Interested Party has learnt that Mr. Erastus Mutiso obtained orders from the Honourable Court allowing him to destroy the illegally seized dairy products. 11. That the said Erastus Mutiso obtaining the said order by withholding material information from the court as the owner of the seized dairy products is known and has surrendered to both the police and Kenya Dairy Board. 12. That the Interested Party has even complained to Kenya Dairy Board about the harassment and intimidation from Mr. Erastus Mutiso but no action has been taken. 13, That the Interested Party will suffer irreparable loss if the orders sought herein are not granted. 14. That it is in the interest of justice that the orders sought herein be granted.AND upon the grounds set out in the Supporting Affidavit of Abdirahman All Hassan annexed hereto and such other and further grounds to be adduced at the hearing hereof. DATED at NAIROBI this \ee day of Aug 2024 oot Socaars ADVOCATES FOR THE INTERESTED PARTY Drawn and Filed By: Owino & Associates Advocates, 9% Floor, Bruce House, Standard Street, P.O Box 47379-00100, NSSF Building, P. 0. Box30406-00100 NAIROBI.