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George James Kang'ethe & Patrick Kang'ethe Njuguna v. Director of Public Prosecutions & Chief Magistrates Court Milimani Law Courts

(2015) JELR 105223 (CA)

Court of Appeal  •  Civil Application 199 of 2015  •  20 Nov 2015  •  Kenya

Erastus Mwaniki Githinji, Philomena Mbete Mwilu, James Otieno Odek



This application is brought under Rule 5 (2) (b) of the Court of Appeal Rules for an order that;

“... court be pleased to grant an order prohibiting the arrest, arraignment and prosecution of the Applicants and equally for staying any further proceedings in Nairobi Criminal Case No. 744 of 2014 pending the filing and determination of the intended appeal herein”.

At the hearing of the application M/s Doreen Areri from the firm of Sichangi and Company Advocates applied for leave to represent John Karanja Warui and that the said John Karanja Warui be joined as an interested party in the application. As Gachie Mwanza, learned counsel for the Applicant had no objection to the application, the application was allowed by consent.

In about the year 2009, John Karanja Warui filed civil suit no. 415 of 2009 in the High Court Land and Environment and Division against the two applicants and one Patrick Ndonga for recovery of land title No. Dagoretti/Riruta/2290 claiming that the 1…

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