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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 96706 (SC)

Supreme Court  •  Petition 39 of 2019  •  4 Sep 2020  •  Kenya

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

Judgement

RULING

A. INTRODUCTION

[1] This Ruling arises from a Preliminary Objection raised by the 1st Respondent against the Petitioner’s appeal filed on 25th October 2019. The appeal challenges the Judgment of the Court of Appeal at Nairobi (Warsame, Makhandia and Murgor, JJA) of 20th September, 2019 allowing Civil Appeal No. 2 of 2016 as consolidated with Civil Appeal No. 184 of 2016 which set aside the Judgment of the High Court (Odunga J) in Miscellaneous Judicial Review Application No. 502 of 2015 delivered on 19th April, 2016.

[2] By way of context, in her Petition of appeal, the Petitioner seeks the following orders:

a. The Judgement and Order of the Court of Appeal (Warsame, Makhandia and Murgor, JJA) sitting in Nairobi delivered on 20 th September, 2019 in Nairobi Civil Appeal No. 2 of 2017 consolidated with Civil Appeal No. 184 of 2016 be set aside and the Judgment and Decree of the High Court in Miscellaneous Application No. 502 of 2015 at Nairobi delivered by the Honourable Mr. Justi…

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