EDDAH WANJIRU MBIYU V. REPUBLIC & DIRECTOR OF PUBLIC PROSECUTION

RULING OF THE COURT

Pursuant to Section 3A (1) and (2) of the Appellate Jurisdiction Act and Rules 5(2) (b), 41 and 47 of this Court’s Rules, the applicant EDDAH WANJIRU MBIYU, filed the motion dated 18th July, 2017 and sought the following orders:

“1. Spent

2. That there be a stay of further proceedings in Nakuru CCM Criminal Case No. 287 of 2012 -R- v. Eddah Wanjiru Mbiyu and Others pending the hearing and determination of the Appellant’s intended appeal.

3. That the costs of this Motion be borne by the Respondent in any event.”

The REPUBLIC and the DIRECTOR OF PUBLIC PROSECUTIONS (DPP) were named as the 1st and the 2nd respondents respectively. The motion was supported by the affidavit of the applicant sworn on the same day of the filing of the motion.

In her affidavit in support of the motion the applicant averred that she is one of the accused persons in Nakuru CMCCR No. 287 of 2012; that she had been arraigned in an alleged murder charge in Nakuru HCCR Case No. 123 of 2010; that on or…