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Diana Kethi Kilonzo v. Republic

(2016) JELR 102720 (CA)

Court of Appeal  •  Criminal Appeal (Application) 129 of 2016  •  9 Dec 2016  •  Kenya

Festus Azangalala, George Benedict Maina Kariuki, Fatuma sichale



1. This is an application expressed to be brought under rules 1(2), 5(2), (a) and 42 (1) of this Court's Rules for one principal order namely, that there be stay of proceedings in Nairobi Chief Magistrate's Court Criminal Case No. 1325 of 2013: Republic -v- Godfrey Ninito Lemiso and Diana Kethi Kilonzo, pending the hearing and determination of an intended appeal against the decision of the High Court made on 12th November, 2015. The applicant is Diana Kethi Kilonzo (hereinafter "the applicant"). She has named the Republic as the respondent(hereinafter "the respondent" or "the Republic".

2. The matter ended up in the High Court in this way. The applicant is charged together with one Godfrey Ninito Lemiso in the Chief Magistrate's Court at Milimani in the aforesaid case with one count of stealing contrary to section 275 of the Penal Code. In the alternative, she faces a charge of handling stolen goods contrary to section 322 (1) of the same code. There is a second coun…

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