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(2014) JELR 98703 (CA)

Court of Appeal  •  Civil Application 266 of 2013 (UR 194/2013)  •  2 May 2014  •  Kenya

Coram
Philip Nyamu Waki, David Kenani Maraga, Kathurima M'inoti

Judgement

RULING OF THE COURT

Introduction

1. The Motion before us is not only taken out under Rule 5 (2) (b) of this Court’s Rules, but also on several provisions of the “Children Act, the inherent powers of the Court and all other enabling provisions of the law,” seeking the following orders:

“2. That there be stay of the ruling and orders issued by Justice Luka Kimaru on 10th September, 2013, carried in the substantive ruling and order of 17th September, 2013, pending the hearing and determination of this application.

3. That this Honourable Court be pleased to stay and or vary the order of Justice Luka Kimaru given on 10th September, 2013, carried in the substantive ruling and order of 17th September, 2013 pending the hearing and determination of this appeal.

4. That this Honourable Court do direct that R. be at liberty to access his father, the Appellant, as per the terms of the judgment of Justice Nambuye of 12th July, 2011.

5. That this Honourable Court do enforce the right of the child R. to…

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