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Africa Centre For Open Governance & Peter Gastrow v. John Harun Mwau, Attorney General & Director of Public Prosecutions

(2020) JELR 106307 (CA)

Court of Appeal  •  Civil Appeal 300 of 2016  •  4 Dec 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This is a rather unusual appeal, the type that does not normally get to this Court. On 26th June 2014, the High Court at Nairobi (Mumbi Ngugi, J.), ren-dered a judgment in which it dismissed a petition by the 1st respondent, John Harun Mwau, (Mr. Mwau), against four respondents, namely, Mr. Peter Gas-trow (Mr. Gastrow), the African Centre for Open Governance (Africog), the Attorney General (AG) and the Director of Public Prosecutions (DPP). One week after the judgment, Mr. Mwau took out a motion on notice under certificate of agency seeking a declaration that the judgment delivered on 26th June 2014 was null and void on account of bias on the part of the learned judge, which bias he claimed to have learned of only after the delivery of the judgment.

The motion was placed before the learned judge for mention on 31st July 2014. In a short ruling, the learned judge stated that the allegations by Mr. Mwau were erroneous, unfortunate and untrue. However she vacated all …

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