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Rachel Wairimu Mukoma v. Hannah Wambui Githere, Wanjiku Githere, Harun Thiong'o Njiru, Kaguongo Njiri, Joseph Njiri Githere & Njiriri Githere

(2018) JELR 95296 (SC)

Supreme Court  •  Application 11 of 2015  •  19 Sep 2018  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application dated 25th June, 2014 and filed on 28th June, 2014 and brought under the provisions of Articles 163(4)(b) and (5) of the Constitution as well as Rule 24 of the Supreme Court Rules, 2012 for review of the judgment and order of the Court of Appeal in Nairobi Civil Appeal No. 197 of 2011 dated 25th July, 2014; and

[2] UPON considering the affidavits by RACHEL WAIRIMU MUKOMA and JAMES KANYORO NJUGUNA both sworn on 25th June, 2014; and the 1st Respondent’s Replying affidavit sworn by HANNAH WAMBUI GITHERE on 24th August, 2015 and filed on 17th September, 2015; and

[3] UPON reading the written submissions by the Applicant dated and filed on 23rd September, 2015 wherein the Applicant contends that the intended appeal raises issues of general public interest in that the Applicant’s right to access to justice and fair hearing under Articles 48 and 50 of the Constitution had been violated; that the proceedings relied upon by th…

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