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CYRUS SHAKHALAGA KHWA JIRONGO V. SOY DEVELOPERS LIMITED & 9 OTHERS

(2019) JELR 103012 (SC)

Supreme Court  •  Application 22 of 2019  •  19 Sep 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING

A. THE APPLICATION

[1] The applicant’s Notice of Motion dated 24 July 2019 came up as an urgent matter before a single Judge (Lenaola, SCJ) on 28 July 2019, and was accorded a certificate of urgency. It is from that stage that we now come to the Ruling of the Court, arrived at after considering the application’s merits.

[2] The applicant seeks stay of execution of the Court of Appeal’s decision in Civil Appeal No. 43 of 2017 and Civil Appeal No. 48 of 2017, which had been delivered on 19 July 2019

B. BEFORE THE APPELLATE COURT

[3] The Appellate Court had set aside the Judgment of the High Court in Nairobi (JR Misc. Application No. 78 of 2016), which had granted an Order of Certiorari, quashing a decision by prosecutorial agencies to institute criminal proceedings in Criminal Case No. 207 of 2016, against the applicant; as well as an Order of Certiorari quashing the charges in a charge sheet of 9 February 2016, in Police Case No. 121/41/206. Also reversed by the Appellate Court was t…

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