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Benson Khwatenge Wafula v. Director of Public Prosecutions; Ethics and Anti-Corruption, Bungoma Chief Magistrate's Anti-Corruption Court & Attorney General (Interested Parties)

(2020) JELR 105743 (CA)

Court of Appeal  •  Civil Application 388 of 2018  •  7 Aug 2020  •  Kenya

William Ouko, Patrick Omwenga Kiage, Stephen Gatembu Kairu



The motion before us dated 21st December, 2018 is brought under Rule 5(2)(b) of the Court of Appeal Rules. The applicant Benson Khwatenge Wafula has for good measure also cited Articles 159 and 164(3) of the Constitution as well as sections 3A and 3B of the Appellate Jurisdiction Act. The prayer falling for our consideration is framed thus;

“THAT pending the hearing and determination of the appeal in Civil Appeal No. 264 of 2018 between Benson Khwatenge Wafula and the Director of Public Prosecutions and 3 Others in this honourable court, a stay of proceedings as against Benson Khwatenge Wafula the 8th Accused in Bungoma Chief Magistrates Court Anti-Corruption Case No. 1 of 2017 between Republic and Godfrey Sifuna Wanyonyi and 7 Others be and is hereby granted.”

On the grounds appearing on the face of the motion it is stated, first, that the applicant has a “sound arguable appeal with high chances of success”, for which contention some fourteen reasons are cited all o…

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