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Samuel Otieno Obudo v. Director of Public Prosecutions,Keith Kisinguh,Alloys Nyambariga Tinega,Mary Gathiga Kanyiha,George Omondi Arum,David Mulinge Kithua & Benjamin Njathi Kagutu

(2017) JELR 94911 (CA)

Court of Appeal  •  Criminal Application 2 of 2017  •  14 Jul 2017  •  Kenya

Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Agnes Kalekye Murgor



This ruling relates to two applications namely Criminal Application No. Nai. 1 and 2 of 2017. The first, dated 20th March 2017, was brought by Mary Gathiga Kanyiha and David Mulinge Kithua, while the second, dated 30th March 2017, was brought by Samuel Otieno Obudo. The first and true respondent in both is the Director of Public Prosecutions. At the commencement of the hearing the two applications, which are similar in form and content, were consolidated under No. 2 of 2017 and were heard as such. We shall hereafter refer to them in singular form.

The application seeks in relevant part the following orders;

“2. That the honourable court be pleased to grant a stay of the order of the High Court of Kenya at Nairobi by (Lady Justice Ngenye Macharia) dated 2nd March, 2017 in HC CR. R. NO. 179 OF 2016 Republic v. Samuel Otieno Obudo and Six Others pending the hearing and determination of the applicants’ intended appeal against the said order.

3. That the honourable court be…

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