BIBIANA WAMBUI KARIUKI V. JOSEPH KAMAU KARIUKI

RULING

1. Before us is a notice of motion dated 27th March, 2019 erroneously expressed to be brought under Order 42 Rules 4 and 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010, which in our view do not govern the exercise of our mandate in an application of this nature. The proper provision of law for accessing the relief sought is Rule 5 (2)(b) of the Court of Appeal Rules. It is however, our view that failure to cite the correct provision of law for accessing the relief sought will not disentitle the applicant determination of the application on its merits and send her away empty handed from the seat of justice.

2. We invoke the inherent power of the Court under Rule 1(2) of the Court of Appeal Rules to cure that defect. It provides:

   “1(2) Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.”

   The principles that guide the Cour…