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Berkeley North Market, Bernad Nthuli & Ezekiel Nandama v. Attorney General, Magistrate's Court Kibera, Registrar of Societies & Criminal Investigations Department

(2005) JELR 105722 (CA)

Court of Appeal  •  Misc Civil Appli 74 of 2005  •  6 May 2005  •  Kenya

Philip Nyamu Waki, Erastus Mwaniki Githinji, William Shirley Deverell



This application is under rule 5 (2)(b) of the Court of Appeal Rules. The application seeks to stay the proceedings in a criminal prosecution against the applicants, pending an appeal from the dismissal of a judicial review application for orders of prohibition and certiorari seeking to prohibit the prosecution and quash the charge sheets in the criminal proceedings. The superior court (Visram J.) dismissed the application for judicial review in a Judgement dated 8th December 2004. Notice of appeal was duly lodged on 16th December 2004.

The criminal proceedings are now fixed for hearing on 29 June 2005.

The applicants submit that if the criminal proceedings come to hearing prior to the determination of in the intended appeal against the dismissal of the application for certiorari the appeal, if successful, will be rendered nugatory.

We consider that on this aspect the applicants are correct. This is because if the appeal is allowed and the charge sheets and the convict…

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