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Mark Kibia Njihia v. Director of Public Prosecutions

(2015) JELR 106800 (CA)

Court of Appeal  •  Criminal Application 7 of 2015  •  23 Sep 2015  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

1. This is an application brought under certificate of urgency pursuant to rule 5 (2) (a) of the Court of Appeal Rules. The applicant seeks the following orders:

“(a). That there be a stay of proceedings and execution of the orders given by the superior court on 21st August, 2015 in Kakamega Misc. Application NO. 19 of 2015 pending the hearing and deteremination of this application or the intended appeal;

(b). That an order do issue that the proceedings in lower court Criminal Case No. 2415 of 2013 Kakamega Law Courts be and are hereby stayed pending the hearing and determination of this application and or the intended appeal.”

2. The applicant is yet to file the memorandum and record of appeal but filed a notice of appeal on 28th April, 2015. The applicant is the accused in criminal case No. 2415 of 2013 that is partly heard before the Chief Magistrate's Court at Kakamega and five witnesses have so far testified. Further hearing of the case is scheduled to be on 24th …

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