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DIRECTOR OF PUBLIC PROSECUTIONS V. MICHAEL SISTU MWAURA KAMAU, ETHICS AND ANTI-CORRUPTION COMMISSION, ATTORNEY-GENERAL, NATIONAL POLICE SERVICE & CHIEF MAGISTRATES COURT MILLIMANI

(2019) JELR 102689 (SC)

Supreme Court  •  Application 12 of 2018  •  30 Apr 2019  •  Kenya

Coram
Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application dated 31st May, 2018 and filed on 6th June, 2018 for extension of time to file an appeal out of time and for stay of execution against the Judgment and Orders of the Court of Appeal delivered on 14th July, 2017 in Civil Appeal No. 102 of 2016 and brought under the Provisions of Article 163(4) of the Constitution, Section 21(2), 24(1) of the Supreme Court Act, Rules 23, 26 and 53 of the Supreme Court Rules, 2012; and

[2] UPON reading the applicant’s supporting affidavit and further affidavit sworn by EMILY KAMAU on 31st May, 2018 and 20th June, 2018 respectively; and

[3] UPON considering the written submissions filed by the applicant on 21st June, 2018 wherein it is contended that the delay in filing the appeal was occasioned by the Court of Appeal’s failure to provide certified copies of typed proceedings, despite having applied for the same as far back as 14th July, 2017; and

[4] UPON further considering the written s…

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