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Mwangi Stephen Muriithi v. Daniel Toroitich Arap Moi & another

(2014) JELR 98724 (CA)

Court of Appeal  •  Civil Application Sup 10 of 2014 (UR 7/2014)  •  7 Nov 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

In the application before us, the applicant, Mwangi Stephen Muriithi invokes the provisions of Article 163(4)(b) of the Constitution and Rule 24 (1) of the Supreme Court Rules, 2012 to crave a certificate that his intended appeal to the Supreme Court against the judgment of this Court (Mwera, Musinga and Ouko, JJ.A) dated 9th May, 2014 raises a matter of general public importance. Such a certificate is a precondition under Article 163(4)(b) of the Constitution before the applicant can invoke the appellate jurisdiction of the Supreme Court. The application arises from events that took place way back in 1982, some thirty-two years ago.

On 22nd May 1982 the police arrested the applicant from his residence.

After failing to trace him for three days, his wife, Jockbed Muthoni Muriithi took out a writ of Habeas Corpus under section 389 of the Criminal Procedure Code and rule 3 of the Criminal Procedure (Directions in the Nature of Habeas Corpus) Rules seeking the production…

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