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Republic Of Kenya v. The Interim Secretary, The Chief Finance Officer & Director Of Legal Affairs All Of Nairobi City County George Gikubu Mbuthia Ex-Parte

(2015) JELR 94028 (CA)

Court of Appeal  •  Civil Application Nai 311 of 2013 (Ur. 227/2013)  •  29 May 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Philomena Mbete Mwilu

Judgement

RULING OF THE COURT

This is an application by George Gikubu Mbuthia mainly brought under

Rule 5(2)(b) of the Court of Appeal Rules essentially for orders that:

Stay of execution and stay of any further proceedings be granted.

The orders given by Wendoh, J on 12th March, 2007; 27th March, 2007 and 27th May, 2009 be set aside.

The ruling by the Deputy Registrar, W. M. Muiruri dated 3rd August, 2007 are null and void ab initio.

The orders given by Korir, J on 30th May, 2013 and 10th October, 2013 be set aside.

The taxed costs computed by A. N. Ongeri on 2nd August, 2013 be set aside.

At the hearing of the application the applicant abandoned prayers (b) and (c) and pursued prayers (a), (d) and (e). The main dispute is between the applicant and Nairobi City Council – the 3rd respondent herein. The 1st, 2nd and 3rd respondents are officers of the 3rd respondent. The applicant acts in person while all the respondents are represented by Mr. D. B. Wati.

In outline, on 12th May, 1997, the applicant obta…

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