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KAMLESH MANSUKHLAL DAMJI PATTNI v. ATTORNEY GENERAL

(2007) JELR 100382 (CA)

Court of Appeal  •  Civil Appli. Nai 112 of 2006 (68/2006 UR)  •  6 Jul 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell

Judgement

RULING OF THE COURT

1. We have before us an application by way of notice of motion brought under rule 5(2) (b) of the Court of Appeal Rules (“the Rules”) dated 24th April, 2006 seeking an order as follows:-

“That this honourable Court be pleased to grant an injunction against any and all decisions taken by the Respondent, and/or the Commissioner of Police or any other authority, body or persons and each of them from arresting, preferring criminal charges against or prosecuting the applicant in connection with or touching upon any matter(s) the subject matter of the Report of the Judicial Commission of Inquiry into the Goldenberg Affair, Exchange Bank Limited or otherwise, until the hearing and determination of the applicant’s intended appeal.”

2. This application has a long history and concerns matters which have dominated the cause lists of many of our courts for over a decade. However, in this application, we are concerned only with the matters touching on the Report of the Judicial Co…

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