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Praxidis Namoni Saisi v. Director of Public Prosecutions, Ethics and Anti-Corruption Commission, Chief Magistrate Anti-Corruption Court at Nairobi

(2020) JELR 95248 (SC)

Supreme Court  •  Civil Application 2 of 2020  •  4 Sep 2020  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

RULING OF THE COURT

A. INTRODUCTION

[1] This Application is dated 5th February 2020 and is premised on Articles 23(3), 25(a)(c), 27(1)(2), 28, 29(a)(d), 50, 157(b), (11), 159, 163(3)(b)(i) and 4(a) as well as 259 of the Constitution, Sections 15(2), 21(2) and 24(1) of the Supreme Court Act, 2011 as well as Rules 2, 23 and 26 of the Supreme Court Rules 2012.

[2] The Applicant prays that, pending the hearing of Petition No.39 of 2019, a conservatory order be granted staying the execution of the Judgment and decision of the Court of Appeal (Warsame, Makhandia and Murgor JJA) in Civil Appeal No.2 of 2017 as consolidated with Civil Appeal No.184 of 2016.

[3] The twin appeals before the Court of Appeal originated from a Judgment delivered on 19th April 2016 by Odunga J in Miscellaneous Civil Application No.502 of 2015, Republic v. Director of Public Prosecutions and 2 Others Ex-Parte Praxidis Namoni Saisi. In that matter, the Applicant had prayed for inter alia orders of certiorari to quash theā€¦

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