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Nathif Jama Adan v. Director of Public Prosecutions, Mohamud H. Mohamed, Sofia Mohamed, Jawahir Keynana, Rahma Dekow, Keneth Rutere, Mohamed Hassan, Mohamud Aden Bare & Ethics & Anti-Corruption Commission

(2016) JELR 98582 (CA)

Court of Appeal  •  Civil Application 113 of 2016 (UR 90/2016)  •  15 Jul 2016  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

Pursuant to leave granted on 15th July, 2015, the applicant herein filed a chamber summons application in the High Court under the provisions of Order 53 Rule 1, 2 and 4 of the Civil Procedure Rules as well as Sections 8 and 9 of the Law Reform Act. The Director of Public Prosecutions, was named as respondent.

The applicant sought the following orders:-

“1. That leave be granted to the Applicant to apply for an order of prohibition directed against the Respondent, prohibiting him and his agents, employees and servants from commencing, proceeding with charging, prosecution, and/or preferring any criminal charges against the Applicant before any competent court in Kenya in so far as the same relates to the procurement of ambulances by the County Government of Garissa from the Kenya Road Cross and its derivatives.

2. That leave be granted to the Applicant to apply for an Order of Certiorari to remove and bring to this Honourable Court for purpose of quashing the decision …

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