REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT MILIMANI
MISCELLENOUS APPLICATION NO. 2 OF 2024
REPUBLIC ……………………………………………………………………… APPLICANT
VERSUS
NDONG KHADIES alias Msee ………………….…………………………… RESPONDENT
CERTIFICATE OF URGENCY
I, LMS, of P.O Box 101-00100, Nairobi within the Republic of Kenya, a public
prosecutor working as such with the Office of the Director of Public Prosecution as a
senior prosecutor and currently attached to this honourable court, hereby certify this
Application as urgent and be heard and determined in the first instance. The nature of
urgency being that;
1. The intended accused person hereinabove assaulted one, Ms. Skeeter Gathii on
11th March, 2024 at Tumbukiza bar situate along Moi Drive in Umoja Estate
within Nairobi County causing her bodily harm and is currently in
Ongata Rongai’s Silent Nite Bar in Kajiado County where he generally
resides.
2. The intended accused is a flight risk.
3. That warrant of arrest should be issued against the intended accused as he
indeed assaulted Ms. Skeeter Gathii.
DATED AT NAIROBI THIS …………………DAY OF ………………………………..2024
DRAWN AND FILED BY:
OFFICE OF DIRECTOR OF PUBLIC PROSECUTION
P.O BOX XXXXXX
NAIROBI
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT MILIMANI
MISCELLENOUS APPLICATION NO. 2 OF 2024
REPUBLIC …………………………………………………….…………………… APPLICANT
VERSUS
NDONG KHADIESI alias Msee ………………….…………………………… RESPONDENT
NOTICE OF MOTION
(Under Article 47, 48 of the Constitution of Kenya, 2010, Section 22 and
100 of the Criminal Procedure Code as read together with Section 250 of
the penal Code and all other enabling provisions of the law.)
TAKE NOTICE that the Honourable Court shall be moved on the ….………. day of
…………………… 2023 at 9.00 a.m. in the forenoon or so soon thereafter for the Prosecution to
be heard for ORDERS THAT: -
1. Warrant of arrest be issued against the Respondent.
2. That the said Warrant of arrest be directed to the Officer Commanding
Station- Ongata Rongai Police Station yyyyy for the purposes of
executing the orders of this Honourable court.
3. Costs of this application be in suit
Which application is premised on the grounds set herein below and further supported
by the annexed affidavit of Chief Investigating officer, CIO-YYYY.
1. THAT the Respondent committed an offence of assault causing bodily injuries
to one Ms. Skeeter Gathii while at Tumbukiza Bar situate along Moi Drive in
Umoja Estate, in Nairobi County on the 11th March, 2024.
2. THAT upon committing the alleged offence, the Respondent failed to report the
incidence to the police and/ or neglected and/or refused to inform the police of the
incident.
3. THAT the Respondent has since retreated to his residence in Ongata Rongai situate in
Kajiado county where he is hiding.
4. THAT upon conducting investigations we are convinced that Mr. Ndong is likely to flee
out of the country to avoid facing the law thereby defeating the ends of justice.
5. THAT the Respondent has a huge following especially the young people from Kenya as
well as Sub Saharan Africa and if not arrested he is likely to interfere with the
investigations and witnesses.
6. THAT the Respondent if not arrested might cause such a fracas again.
7. THAT unless the warrants of arrest are issued, justice will be defeated and thus a clear
violation of Article 48 of the Constitution of Kenya 2010.
DATED AT NAIROBI THIS ……12th ……DAY OF ………………March……………..2024
DRAWN AND FILED BY:
OFFICE OF DIRECTOR OF PUBLIC PROSECUTION
P.O BOX XXXXXX
NAIROBI
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT MILIMANI
MISCELLENOUS APPLICATION NO. 2 OF 2024
REPUBLIC ……………………………………………………………………… APPLICANT
VERSUS
NDONG KHADIESI alias Msee ……………….…………………………… RESPONDENT
SUPPORTING AFFIDAVIT
I, Chief Investigating officer, yyyy of P.O Box 29-00100, Nairobi within the
Republic of Kenya and of Service No. xxx, currently attached as the chief Investigating
Officer at Central Police Station –Nairobi do hereby make this oath and state as follows;
1. That I am the investigating officer in conduct of this matter hence competent to
swear this affidavit.
2. That on or 12th March, 2024 we received a complaint by one Ms. Skeeter Gathii
who recorded her complaint through OB No. wwww in which she alleged that
she was assaulted by someone commonly known as Msee causing bodily harm
on her. (Annexed is a copy of the OB marked as SG1)
3. In her statement Ms. Skeeter informed the police that she is a body guard of
one Cynthia Njoroge commonly known by her artistic name wrong number.
4. She stated that on the night on 11th March 2024, wrong number was supposed to curtain
raise during Msee’s live performance event at Tumbukiza Bar situate along Moi
Drive in Umoja Estate, in Nairobi County, where she accompanied her that night.
5. She continued to state that, at the backstage an argument arose between Msee and Wrong
Number whereby Wrong number accused Msee of plagiarizing some of the words used in
her song Koolio in his song Boza.
6. Ms. Skeeter informed me that this angered Msee and he aimed a microphone at wrong
number’s head which missed and landed on her, occasioning her bodily harm.
7. In her statement taken on the same day in which the OB was recorded, Ms.,
Skeeter identified the accused as Mr. Ndong Ochieng who is also known by his
Artistic name ‘Msee’ who was not very well known to her prior to the incident.
8. She sustained head injuries as stated in the Doctor’s report in which the doctor
opined that it was more than a common assault (Attached is a copy of the Doctors
Report marked as SG2)
9. That in the course of our investigations we summoned one Ms. Cynthia Njoroge, wrong
number, who recorded her statements with the police amd confirmed that indeed the
Respondent hit Ms. Skeeter. (Attached and marked SG3 is her statements)
10. That we also summoned other witnesses who were at the scene of the crime on
the material night and all positively identified the accused as the one who
assaulted Ms. Skeeter. (Annexed are copies of the witnesses’ statements taken
on the same issue marked SG 4(a to d))
11. That our preliminary investigation has confirmed that the said suspect is in his hide
out in Rongai within Kajiado County preparing his documents to leave the country
in order to defeat the end of justice.
12. That all I have deponed to herein is true to the best of my knowledge,
information and belief.
Sworn at Nairobi this 12th Day of March 2024
by the said; )
Chief investigating Officer, ) ……………..…………………...
CIO- YYYYY ) DEPONENT
Before me;
Commissioner for Oaths
(Including his Stamp, date and Signature)
Warrants of arrest
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT MILIMANI
MISCELLENOUS APPLICATION NO. 2 OF 2024
REPUBLIC ……………………………………………………………………… APPLICANT
VERSUS
NDONG KHADIESI alias Msee ………………….………………………… RESPONDENT
To:
THE OFFICER COMMANDING STATION,
ONGATA RONGAI POLICE STATION,
KAJIADO
Whereas a warrant of arrest has been issued against Mr. Ndong Khadiesi on this
day of 14th March, 2024 by this court for the offence of;
Assault causing bodily harm,
Therefore, you are hereby commanded forthwith to apprehend the said intended accused
person and to bring him before this court to answer to the said charges and to be dealt
with according to the law.
Dated this 13th day of March, 2019.
(Seal of the Judiciary) …………………….
LMS
Chief Magistrate
Committal order
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT MILIMANI
MISCELLENOUS APPLICATION NO. 2 OF 2024
REPUBLIC ……………………………………………………………………… APPLICANT
VERSUS
NDONG KHADIES alias Msee ………………….………………….……………… ACCUSED
TO:
Officer Commanding Station
Hardy Police Station,
KAREN
Whereas Ndong Khadiesi has this day of 14th march 2024, been charged
before me with the offence of assault causing bodily harm.
And has been remanded till the 17th day of March 2019 from the date hereof.
This is to authorize and command you to receive him into your custody and produce him
to this court on the 17th day of March 2024 at 9:00 am on the date mentioned above.
Dated this 15th day of March, 2024.
Further Remands ( to be filed by the Magistrate/ Judge/ Deputy Registrar)
1. Further Remanded at Nairobi Industrial Area Prison until 19th March, 2024.
(date) (Magistrate’s Signature)
2. Further Remanded at Nairobi Industrial Area Prison until 20th March, 2024
(date) (Magistrate’s Signature)
3. Further Remanded at Machakos Prison until 22nd March, 2024.
(date) (Magistrate’s Signature)
4. Further Remanded at Kamiti Maximum Prison until 24th March, 2024
(date) (Magistrate’s Signature)
