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Kenya National Examinations Council v. Republic Ex-Parte Kemunto Regina Ouru (Suing through her father and next friend James Ouru) & 128 others

(2009) JELR 100017 (CA)

Court of Appeal  •  Civil Appli 150 of 2009 (UR 102/2009)  •  19 Jun 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

The applicant before us is the Kenya National Examinations Council. It is a body corporate with perpetual succession and a common seal. It has come before us by way of a notice of motion under Rule 5(2)(b) of the Court of Appeal Rules seeking the following orders:

“(a) A stay of Execution be issued to stay the judgment and order made in High Court Misc Application No. 1 of 2009 at Eldoret on 20th May 2009 pending the hearing and determination of the intended appeal against the judgment.

(b) Costs of this motion to be provided for.”

The applicant is aggrieved by the judgment of the superior court, Ibrahim, J delivered on 20th May, 2009 in these terms:

1. That an order of certiorari be and is hereby issued removing into the honourable Court and quashing forthwith the decision of the Kenya National Examinations Council as contained in its letter to the Head Teacher and Secretary of the 129th ex-parte applicants dated 3rd March 2009 cancelling the examination results in res…

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