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Ndiritu Muriithi v. Independent Electoral and Boundaries Commission, Director of Public Prosecutions & Peter Ngugi Ndonyo

(2018) JELR 98498 (CA)

Court of Appeal  •  Civil Appeal (Application) 72 of 2018  •  26 Oct 2018  •  Kenya

Coram
Philip Nyamu Waki, Fatuma sichale, Patrick Omwenga Kiage

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WAKI, KIAGE and SICHALE, JJ.A)

CIVIL APPEAL (APPLICATION) NO. 72 OF 2018

BETWEEN

HON. NDIRITU MURIITHI..........................APPELLANT/APPLICANT

AND

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION.....................................1ST RESPONDENT

THE DIRECTOR OF PUBLIC PROSECUTIONS.....2ND RESPONDENT

PETER NGUGI NDONYO............................................3RD RESPONDENT

(An application for stay of execution under Rule 5 (2) (b) of the Court of Appeal Rules

pending the hearing of an appeal from the Judgment/Decree of the High Court of

Kenya at Nairobi (Richard Mwongo, J) dated 1st August, 2017 in Judicial

Review Appl. No. 133 of 2017 Formerly EPA No. 133 of 2017)

****************

RULING

The applicant, Hon. Ndiritu Muriithi filed a notice of motion dated 21st March, 2018. Independent Electoral Boundaries Commission (IEBC) was named as the 1st respondent, the Director of Public Prosecutions (DPP) was named as the 2nd respondent, whilst Peter Ngugi Ndon…

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