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Juvinalis Onno v. Attorney General

(2010) JELR 100401 (CA)

Court of Appeal  •  Criminal Application 8 of 2009  •  26 Feb 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

RULING OF THE COURT

By an application expressed to be made under rule 5 (2) (a) of the Court of Appeal Rules, the applicant, Juvinalis Onno, applies in the main for an order of “stay of execution of the ruling” of the superior court (Maraga, J) made on 30th July, 2009 pending the hearing and determination of an intended appeal. The application is based on the grounds set out on the body of the application and also on the affidavit of the applicant. The matter before the superior court which gave rise to the present application related to a constitutional petition under sections 70, 72 (1), (2), (3), 77 (1) and 84 (1) of the Constitution as well as section 123 of the Criminal Procedure Code. In that petition, the applicant sought a declaration that his prosecution in Nakuru Chief Magistrate Criminal Case No. 1258 of 2002 was oppressive, discriminative and a gross abuse of his constitutional rights to a fair trial, hence null and void. He sought unconditional discharge. It was based on t…

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