Wcliffe Oparanya Ambetsa v. Director of Public Prosecutions

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Ojwang and Lenaola SCJJ)

PETITION NO. 14 OF 2016

IN THE MATTER OF AN APPLICATION FOR STAY OF PROCEEDINGS IN CRIMINAL CASE NO. 122 OF 2013 BEFORE THE PRINCIPAL MAGISTRATE’S COURT BUTERE

– AND –

IN THE MATTER OF CRIMINAL APPEAL NO 14. OF 2016 PENDING BEFORE THIS HONOURABLE COURT

– BETWEEN –

WCLIFFE OPARANYA AMBETSA....................APPLICANT

– AND –

DIRECTOR OF PUBLIC PROSECUTIONS........RESPONDENT

(An Appeal from the Judgment of the Court of Appeal at Kisumu (Maraga, Musinga, Gatembu, JJ.A) dated 27^th July, 2016 in Crim. Appeal No. 56 of 2015)

RULING

A. INTRODUCTION

[1] This is a Notice of Motion application dated 17^th October, 2016, filed under certificate of urgency, and it has an outstanding prayer for two Orders:

a. that, pending inter partes hearing, this Court stay the proceedings in criminal Case No. 122 of 2013, R. v. Wycliffe Oparanya Ambetsa before the Principal Magistrate’s Court at Butere;

b. that, the Order of stay of pr…