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Kenya Ports Authority v. Silas Obengele

(2006) JELR 105351 (CA)

Court of Appeal  •  Civ Appli 297 of 2004  •  22 Sep 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Philip Nyamu Waki



Silas Obengele is dissatisfied with the Ruling dated 21st December, 2004 made by a single member of this Court pursuant to the exercise of his unfettered discretion under Rule 4 of the Court’s Rules. Due to his dissatisfaction with the said Ruling Obengele has made a reference to the Court pursuant to Rule 54(1) (b) of the Rules. That rule provides as follows:-

“Rule 54(1). Where, under the proviso to section 5 of the Court of Appeal for East Africa Act, any person being dissatisfied with the decision of a single Judge –

(a) in any criminal matter wishes to have his application determined by the Court; or

(b) in any civil matter, wishes to have any order, direction or decision of a single Judge varied, discharged or reversed by the court,

he may apply therefor, informally to the Judge at the time when the decision is given or by writing to the Registrar within seven days thereafter.”

Of course there is now no Court of Appeal for East Africa Act; that Act must have cease…

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