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Joseph Munyiri Munene v. Attorney General & Chief Magistrate's Court, Nairobi

(2010) JELR 100639 (CA)

Court of Appeal  •  Civil Appeal 223 of 2009  •  12 Feb 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram

Judgement

JUDGMENT OF THE COURT

This appeal is from the decision of the superior court (Apondi, J) dated 15th September, 2009. The applicant in that matter, Joseph Munyiri Munene (the appellant) sought interim conservatory orders, pursuant to Rules 20, 21 and 32 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules 2006, to stay any further hearing of the Chief Magistrate Criminal Case No. 900 of 2008 (“the criminal case”) and to excuse the applicant’s attendance at the criminal case, pending the determination of a Petition filed by the appellant in the superior court.

In the criminal case, the appellant and 13 others were jointly charged with one count of conspiracy to defraud contrary to section 317 of the Penal Code. The appellant was also charged, along with six others, of a second count of breach of trust against the public contrary to section 127 of the Penal Code.

By a Petition file…

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