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Mohamed Koriow Nur v. Attorney General, The Kenya Anti-Corruption Commission & Chief Magistrate's Court, Makadara

(2010) JELR 99012 (CA)

Court of Appeal  •  Civil Application 347 of 2009  •  5 Mar 2010  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

RULING OF THE COURT

The motion before us invokes not only rule 5(2) (b) of the rules of this Court (the Rules) but also sections 3A and 3B of the Appellate Jurisdiction Act (the Act) which are relatively recent amendments by Parliament. The substantive orders sought are in these words:

“2. That this Honourable Court be pleased to issue an order that the order made by the Honourable Mrs. Justice Wendoh on 23rd November, 2009 vacating or setting aside the orders made by the Honourable Justice Osiemo on 16th august, 2007 be stayed pending the hearing and determination of an intended appeal against the whole of the ruling and order made by the Honourable Mrs. Justice Wendoh on the 23rd November, 2009 in High Court Miscellaneous suit No. 800 of 2007.

3. That this Honourable Court be pleased to grant a stay of proceedings in High Court Miscellaneous Cause No. 800 of 2007 pending the hearing and determination of the intended appeal.

4. That this Honourable Court be pleased to make such other or …

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