APPLICATION FOR ARREST
REPUBLIC OF KENYA
IN THE MAGISTRATE’S COURT AT NAIROBI
MISCELLANEOUS CRIMINAL APPLICATION NO 25 OF 2024
REPUBLIC…………………………………………………………………...APPLICANT
VERSUS
NDONG KHADIESI ALIAS MSEE ……………………………………............RESPONDENT
NOTICE OF MOTION
(Under Article 47 and 49 of the Constitution, Sections 22 and 100 of the Criminal Procedure
Code, Sections 64 of the National Police Service Act and Section 250 of the Penal Code and any
other enabling provisions of the law)
TAKE NOTICE that this Honorable Court shall be moved on the 14th day of March 2024 at
9.00 o’clock in the forenoon or soon thereafter for the hearing of an application by the applicant
for ORDERS: -
1. THAT this application be heard ex-parte and service of the same be dispensed with.
2. THAT this Honorable Court be pleased to issue a warrant of arrest for the Respondent
for the offence of Common Assault contrary to Section 250 of the Penal Code, Laws
of Kenya.
3. THAT costs of the application be provided for.
THIS APPLICATION is based on the following grounds: -
a) THAT on 11th MARCH 2024 the Respondent engaged in an argument back stage at
Tumbukiza Bar along Moi Drive in Umoja Estate with Cynthia Njoroge, alias Wrong
Number.
b) THAT during this altercation, the Respondent threw a microphone at Cynthia Njoroge
but it instead landed on Cynthia’s Bodyguard, Ms. Skeeter Gathii, who then fainted from
the shock and was rushed to hospital.
c) THAT upon assessment of Ms. Skeeter’s injuries at the hospital, it was established that it
was a common assault.
WHICH APPLICATION is supported by the Supporting Affidavit deponed by Chief Inspector,
Njoro Njoroge
DATED at NAIROBI this 14th day of MARCH 2024
DIRECTOR OF CRIMINAL INVESTIGATIONS
DRAWN & FILED BY: -
DCI NAIROBI,
P.O. Box 8888-00100
NAIROBI.
TO BE SERVED UPON: -
NDONG KHADIESI,
KAJIADO.
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT
AT KAJIADO
MISCELLANEOUS CRIMINAL APPLICATION NO. 25 OF 2024
REPUBLIC……………………………………………………………………..APPLICANT
VERSUS
NDONG KHADIESI alias MSEE …………………………………………...RESPONDENT
SUPPORTING AFFIDAVIT
I, CHIEF INVESTIGATOR, NJORO NJOROGE, a resident of Nairobi and of P.O. Box No
1234567-00100, Nairobi, in the Republic of Kenya, do hereby make an oath and state as follows:
1. THAT I, being a Investigation Officer, affirm my competence and authorization to swear t
his affidavit.
2. THAT the respondent, a Kenyan national, has been discovered to have assaulted Ms.
Skeeter Gathii on 11th March 2024 with a microphone resulting in the victim fainting upon
impact and being rushed to hospital for treatment.
3. THAT the respondent is currently residing in a room within Ongata Rongai’s Silent Nite
Bar situated in Kajiado County within the Republic of Kenya.
4. THAT the respondent is reputed as a celebrated musician having composed and
performed various musical presentation across the Republic of Kenya and Sub-Saharan
African, and goes by the stage name Msee.
5. THAT on 11th March, 2024, the Respondent staged a live concert at Tumbukiza Bar
along Moi Drive in Umoja Estate where the program involved a ‘curtain raising’ event by
other artists, among them, Cynthia Njoroge, stage name Wrong Number.
6. THAT the Respondent engaged in an argument with Cynthia Njoroge where he aimed a
microphone at her, which then landed on Cynthia’s Bodyguard, Ms. Skeeter Gathii
causing her to faint and get rushed to the hospital for treatment for injuries that were
assessed to be common assault.
7. THAT the offenses committed by the respondent in Nairobi County are triable under the
Kenyan Penal laws.
8. THAT what is deponed to herein is true to the best of my knowledge, information and
belief.
SWORN at NAIROBI this day of.... 14th..........March..........2024 )
By the said )
)
NJORO NJOROGE ) ……………………….
) DEPONENT
BEFORE ME )
)
COMMISSIONER FOR OATHS
…..
TO BE SERVED UPON: -
NDONG KHADIESI,
SILENT NITE BAR,
KAJIADO.
WARRANT FOR ARREST
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT KAJIADO
MISCELLANEOUS CRIMINAL APPLICATION NO…25…OF…... 2024
TO: O/C ONGATA RONGAI POLICE STATION
FOREST LINE ROAD, NGONG
P.O BOX 12345
KAJIADO-KENYA
WHEREAS NDONG KHADIESI alias Msee has been reported and charged with common
assault contrary to section 250 of the Penal Code CAP 63,
AND WHEREAS from the documents accompanying the request presented would in my
opinion authorise the issue of a warrant of arrest for NDONG KHADIESI.
THEREFORE, you are hereby commanded forthwith to apprehend the said NDONG
KHADIESI and bring him before this court to be further dealt with according to law.
Dated this 14th Day of March 2024
………………OMM…………………
MAGISTRATE
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT KAJIADO
CRIMINAL CASE 25 OF 2024
TO: INVESTIGATING OFFICER
DCI
WHEREAS NDONG KHADIESI ALIAS MSEE HAS THIS DAY BEEN CHARGED BEFORE THE
COURT THAT HE COMMITTED COMMON ASSAULT CONTRARY TO S250 OF THE PENAL CODE
THEREFORE, YOU ARE HEREBY COMMANDED FORTHWITH TO APPREHEND THE SAID
ACCUSED PERSON AND BRING HIM BEFORE THIS COURT TO ANSWER TO THE SAID CHARGE AND TO
BE FURTHER DEALT WITH ACCORDING TO THE LAW
DATED THIS 14TH DAY OF MARCH 2024
COMMITTAL ORDER
IN THE MAGISTRATE’S COURT AT KAJIADO
CRIMINAL CASE 25 OF 2024
TO: HARDY POLICE STATION
KAREN
WHEREAS NDONG KADHIESI alias Msee 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 March 2024
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. on the day named.
Dated this 14th day of March 2024
Further remanded until ……19th March 2024……. (NAIROBI INDUSTRIAL AREA PRISON)
OMM – Magistrate
Further remanded until ……20th March 2024……. (NAIROBI INDUSTRIAL AREA PRISON)
OMM – Magistrate
Further remanded until ……22th March 2024……. (MACHAKOS PRISON)
OMM – Magistrate
Further remanded until ……24th March 2024……. (KAMITI MAXIMUM SECURITY
PRISON)
OMM – Magistrate
FIRST COMMITAL ORDER
TO: HARDY POLICE STATION
KAREN
WHEREAS NDONG KADHIESI alias Msee 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 March 2024
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. on the day named.
Dated this 14th day of March 2024
Further remanded until ………….
OMM – Magistrate
INDUSTRIAL AREA COMMITAL ORDER
IN THE MAGISTRATE’S COURT AT KAJIADO
CRIMINAL CASE 25 OF 2024
TO: NAIROBI INDUSTRIAL AREA PRISON)
NAIROBI
WHEREAS NDONG KADHIESI alias Msee 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 March 2024
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. on the day named.
Dated this 17th day of March 2024
Further remanded until ……20th March 2024……. (NAIROBI INDUSTRIAL AREA PRISON)
OMM – Magistrate
LAST COMMITAL ORDER
IN THE MAGISTRATE’S COURT AT KAJIADO
CRIMINAL CASE 25 OF 2024
IN THE MAGISTRATE’S COURT AT KAJIADO
CRIMINAL CASE 25 OF 2024
TO: KAMITI MAXIMUM SECURITY PRISON
NAIROBI
WHEREAS NDONG KADHIESI alias Msee 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 March 2024
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. on the day named.
Dated this 22th day of March 2024
Further remanded until ………….
OMM – Magistrate