REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
(Coram: Maraga, CJ and President; Mwilu, DCJ and VP;
Ojwang; Wanjala; and Njoki, SCJJ)
APPLICATION NO. 45 OF 2014
-BETWEEN-
MWANGI STEPHEN MURIITHI................APPLICANT
-AND-
DANIEL TOROITICH ARAP MOI
RAYMARK LIMITED..............................RESPONDENTS
(Being an application for Review of the Ruling and Order of the Court of Appeal
at Nairobi (Nambuye; Gatembu and M’Inoti, JJA) dated 7th November, 2014
in Civil Application No. 10 of 2014 declining to grant certification
that the matter herein is one of general public importance
warranting a further appeal to the Supreme Court)
RULING
Background
[1] On 22nd May 1982, the applicant was arrested by police and upon failure to trace him for three days, his wife filed an application in the High Court for an order of Habeas Corpus under Section 389 of the Criminal Procedure Code. Chesoni J (as he then was) issued a summons to the Director of the Criminal Investigations Department to appear before c…