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Said Juma Chitembwe v. Edward Muriu Kamau, Stephen Kipkenda Kiplagat, Kenyaanti-Corruption Commission, Attorney General & Senior Resident Magistrate, Anti-Corruption Court, Nairobi

(2011) JELR 96457 (CA)

Court of Appeal  •  Civil Application 95 of 2010  •  28 Jan 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

RULING OF THE COURT

ON REFERENCE TO FULL COURT This is a Reference to full Court from a decision of a single Judge dated 5th October 2010.

A brief background to this matter is necessary in order to appreciate what this reference is all about.

Before the learned single Judge of this Court (Githinji, J.A.) was one Justice Said Juma Chitembwe as the applicant who sought to be joined in application No. NAI 95 of 2010 only for the purposes of hearing and determination of an application to set aside stay orders granted by the Court on 11th June 2010.

The applicant and three others (Rachael Khavaya Lumbasyo, Stephen Kipkenda Kiplagat and Edward Muriu Kamau) were jointly charged before the Senior Resident Magistrate Anti-Corruption Court in Criminal Case No. 36 of 2009 with the offence of conspiracy to defraud contrary to section 317 of the Penal Code. They were also jointly charged with an alternative count of conspiracy to commit an offence of corruption contrary to section 47A (3) of the Anti-…

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