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Mwangi Stephen Muriithi v. Daniel Toroitich arap Moi & Raymark Limited

(2018) JELR 98723 (SC)

Supreme Court  •  Application 45 of 2014  •  5 Oct 2018  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

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…

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