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Charles Maina Gitonga v. Republic

(2018) JELR 103287 (SC)

Supreme Court  •  Petition 11 of 2017  •  7 Dec 2018  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application by the Applicant dated 18th September 2017 and filed on 26th September 2017 premised upon the provisions of Sections 3 of the Supreme Court Act, 2011, Rules 18(2), 23 and 26 of the Supreme Court Rules, 2012 seeking leave to adduce additional evidence during the hearing of the Petition of Appeal dated 21st July 2017 and filed contemporaneously with the instant application; and;

[2] UPON reading the Applicant’s affidavit sworn by the Applicant on 7th September 2017, filed alongside the affidavits of Catherine Wanjiru Gitonga and Edith Wambui Gitonga both sworn on 3rd August 2017; and

[3] UPON reading the Respondent’s Grounds of Opposition dated and filed on 13th October 2017 and;

[4] UPON considering the Applicant’s written submissions dated and filed on 9th October 2017 wherein he submits that he intends to adduce additional evidence before the Court, the nature of which relates to the fundamental issue of the right to …

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