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Alfred N. Mutua v. Ethics & Anti-Corruption Commission (EACC), Director of Public Prosecutions, Inspector General of National Police Service, Attorney General

(2016) JELR 106199 (CA)

Court of Appeal  •  Civil Application Nai 31 of 2016  •  22 Apr 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, George Benedict Maina Kariuki, James Otieno Odek

Judgement

RULING OF THE COURT

1. The applicant, Dr. Alfred Mutua, made an application to this court on 12th april 2016 by way of a notice of motion dated 7th April 2016 seeking, inter alia, orders that –

(i) (Spent)

(ii) pending the ruling of the Court in respect of the Notice of Motion dated 10th February, 2016, conservatory orders be granted restraining the 1st and 2nd respondents whether by themselves, agents, servants or any person purporting to exempt their authority, from causing the arrest, and/or charging of the intended appellant/applicant in any Court based on the procurement of Motor Vehicles subject of the 1st respondents inquiring No.EACC/R/INQ/51/2014

(iii) That this Honourable Court be pleased to make such orders as may be appropriate in the preservation of the subject matter hereof and to ensure that the ruling scheduled for 6th May, 2016 is not overtaken by events, and/or rendered nugatory.

(iv) That the costs of this application be in the cause.”

2. The main ground for making the…

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