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Kamlesh Mansukhalal Damji Pattni v. Director Of Public Prosecutions, Attorney General , Elijah Kipng'eno Arap Bii & International Centre For Policy And Conflict

(2015) JELR 100272 (CA)

Court of Appeal  •  Civil Appeal (Application) 120,105 &168; “A” of 2013(CONSOLIDATED)  •  22 May 2015  •  Kenya

Coram
George Benedict Maina Kariuki, Philomena Mbete Mwilu, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

1. The applications before us show that, Kamlesh Mansukhlal Damji Pattni, the applicant, seeks to strike out the notice of appeal and the record of appeal in Civil Appeal No.120 of 2013 in which he is named as the first respondent. The background to the applications is not complicated. The applications show that the applicant was charged with criminal offences over the Goldenberg Affair in 1993 and was thereafter in and out of court in criminal and civil litigation. The applications further show that the applicant initially had a multiplicity of criminal cases against him which gave way to the Bosire Commission of Inquiry into the Goldenberg affair. After issuance of the report known as the Bosire Report, the applicant was charged in Criminal Case No.518 of 2006 with three others ostensibly pursuant to the said Report with offences relating to conspiracy to steal billions of shillings contrary to Section 393 of the Penal Code, conspiracy to defraud the government of…

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