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Judicial Commission of Inquiry into the Goldenberg Affair, S E O Bosire, Waweru Gatonye & Attorney General v. Job Kilach

(2003) JELR 103786 (CA)

Court of Appeal  •  Civil Application 77 of 2003  •  9 Apr 2003  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Effie Owuor

Judgement

IN THE COURT OF APPEAL

AT NAIRIOBI

(Coram: Omolo, Tunoi and Owuor JJ A)

CIVIL APPLICATION NO NAI 77 OF 2003 (UR. 40/03)

JUDICIAL COMMISSION OF INQUIRY INTO THE

GOLDENBERG AFFAIR

JUSTICE S E O BOSIRE

WAWERU GATONYE

ATTORNEY GENERAL.........................APPLICANTS

VERSUS

JOB KILACH....................................RESPONDENT

(Application for stay of orders of the High Court of Kenya at Nairobi

(Mbito J) dated 28th March, 2003 in Miscellaneous Application No 304

of 2003)

RULING

The notice on motion before us is one under rule 5(2)(b) of the Court’s rules, hereinafter called “the rules”. The motion is brought by a total of four applicants, namely the Judicial Commission of Inquiry Into the Goldenberg Affair, the 1st respondent, the Hon Mr Justice S E O Bosire, the 2nd respondent, Waweru Gatonye, the 3rd respondent, and the Attorney General, the 4th respondent. In their said motion, all the respondents are asking us for two basic orders, namely:

“A. That pending the lodging hearing and determination …

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