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Republic v. Jackson Mwalulu,Kiriro wa Ngugi,Kepta Ombati,Sande Oyolo,Mutembei Marete,Jacob Opiyo,Cyprian Nyamwamu,Wambua Munywoki & Paul Thumbi Ex Parte Judicial Commission of Inquiry Into the Goldenberg Affair, S.E.O. Bosire, Peter Le Pelley & Nzamba Kitonga

(2004) JELR 96685 (CA)

Court of Appeal  •  Civil Application Nai 310 of 2004  •  9 Dec 2004  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, William Shirley Deverell

Judgement

RULING OF THE COURT

We have been asked for an adjournment by Mr. Kibe, learned counsel for the Respondents. We have listened to the arguments for and against the application. We do not see any reason for reciting those arguments in this ruling. As we pointed out to counsel, the question of whether or not to grant an adjournment is at the sole discretion of the Court, of course taking into account all the relevant factors. We take into account the fact that the motion for hearing before us was certified urgent and we also take into account the nature of the prayers made in the motion. We do not wish to compel Mr. Mungai to proceed. We grant his application for an adjournment but at the same time we order an interim stay of execution of all the orders made by the High Court on 26th November, 2004 .Those orders are stayed until the hearing and final determination of the current motion. We fix the motion for hearing on 21st December, 2004 at 9:00 a.m. We also direct, though we think this i…

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