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(2013) JELR 92833 (CA)

Court of Appeal  •  Criminal Application. Nai.1 of 2013 (Ur 1/2013)  •  14 Jun 2013  •  Kenya

John Wycliffe Mwera, Philomena Mbete Mwilu, Stephen Gatembu Kairu



On 16th January, 2013 the applicant herein Wilson Thirimbu Mwangi filed in this Court an application invoking Articles 163, 50 of the Constitution plus Rules 14, 18, 26, 42 of the Supreme Court Rules. Based on the heading of the application, it would seem that the application was initially intended to be presented to the Supreme Court. Be that as ti may, the prayers sought in the application were:

“(1) That this Court has jurisdiction under Article 163 and 50 of the Constitution under Rules 14, 18, 26 and 42 of the Supreme Court Act and Rules 2012 to hear and determine this application.

(2) That, may this Court be pleased to find the misdirection canvassed in the trial record and the judgment is fatal to the prosecution case and contrary to Section 169(1) of the CPC Cap 175 Law (sic) of Kenya.

(3) That, may this Court be pleased to order for a new trial (retrial) in the instant matter for justice to prevail.

(4) That, this court be pleased to consider my health status s…

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