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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

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 Ndonyo was named as the 3rd respondent. In the motion, the applicant sought orders that:

“(1)This Honourable Court be pleased to stay execution of the Judgment/Decree of the Honourable Court delivered on 1st August, 2017 (Honourable Justice Richard Mwongo) at Nairobi in Nairobi Judicial Review Application No. 133 of 2017 HON. NDIRITU MURIITHI v. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION and 2 OTHERS pending the hearing of an intended appeal from the said judgment/decree;

2. This Court be pleased to stay the Proclamation of Attachment of Moveable Property against the Appellant herein and further issue an order of injunction restraining the 3rd respondent whether by himself or his servants or agents, or advocates or a…

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