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STEPHEN MUNGA V. MINISTER FOR INTERIOR & NATIONAL COORDINATION, INSPECTOR GENERAL OF POLICE, OFFICER COMMANDING POLICE DIVISION RABAI & OCS RABAI POLICE STATION

(2015) JELR 96287 (CA)

Court of Appeal  •  Civil Application 47 of 2015  •  11 Dec 2015  •  Kenya

Coram
Kathurima M'inoti

Judgement

RULING

By his Notice of Motion dated 10th August 2015, the applicant, Stephen Munga, seeks extension of time to file a notice of appeal and a record of appeal against the ruling of the High Court of Kenya at Mombasa (Emukule, J.) dated 15th May 2015. The respondents, although duly served through the office of the Attorney General did not file any replying affidavit in opposition to the application and did not appear during the hearing of the application to oppose the same. As it is the applicant’s averments remain entirely uncontroverted.

The ruling against which the applicant, a police officer, intends to appeal arose from judicial review proceedings in which he was seeking an order of certiorari to quash his conviction following Orderly Room Proceedings and an order of prohibition to stop the County Police Commander, Kilifi, from acting on the said conviction. The Orderly Room Proceedings were initiated against him after he allegedly failed to report on duty 18th December 2013. When s…

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