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JAMES MBATIA THUO & EPHANTUS MWANGI V. KENYA RAILWAYS CORPORATION & ATTORNEY GENERAL OF KENYA

(2018) JELR 101143 (SC)

Supreme Court  •  Civil Application 10 of 2017  •  8 Nov 2018  •  Kenya

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

Judgement

RULING

A. INTRODUCTION

[1] Before this Court, is an application dated 29th May, 2017 and filed on 30th May, 2017 by James Mbatia Thuo and Ephantus Mwangi, (the applicants) brought under Articles 159 (2) (a), (d) and (e), 163 (4) (b) and 259 (1) of the Constitution of Kenya, Sections 21 and 24 of the Supreme Court Act and Rule 4 (A) (2) of the Supreme Court Rules, 2012.

[2] The applicant seeks the following prayers, inter alia;

(a) Spent (application certified as urgent by Ojwang, SCJ on 30th May, 2017);

(b) That this Honourable Court be pleased to review and/or set aside the Order of the Registrar, Hon. Esther Nyaiyaki, issued on 19th May, 2017 and allow the application dated 17th May, 2017, be lodged and admitted by the Registrar of the Supreme Court;

(c) That this Honourable Court be pleased to grant any other relief it may deem fit.

[3] The applicants aver inter alia, that:

(a) They lodged a Notice of Motion application dated 17th May, 2017 seeking stay of the Judgment of the Court of A…

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