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DARI LIMITED & 5 ORS
V.
EAST AFRICAN DEVELOPMENT BANK

(2024) JELR 112623 (SC)

Supreme Court 11 Oct 2024 Kenya
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Case Details

Suit Number:Petition (Application) E012 of 2023
Judges:P. M. MWILU, DCJ & VP M. K. IBRAHIM, SCJ S. C. WANJALA, SCJ NJOKI NDUNGU, SCJ W. OUKO, SCJ
Counsel:Paul Muite SC, appearing with Paul Nyamodi, SC & Duncan Okatch for the appellants/applicants (V. A. Nyamodi & Company Advocates and Okatch & Partners Advocates) Prof. Githu Muigai, SC appearing with Mr. Micheal Sullivan, Peter Kabatsi and Ronald Makokha for the Respondent (Mohammed Muigai, LLP)

RULING OF THE COURT

 [1] This Ruling disposes of the Notice of Motion dated 16th May 2024 and filed on 17th May 2024, seeking stay of this Court’s proceedings pending the determination of the complaint lodged before the Judicial Service Commission (hereinafter JSC) as well as costs. The Motion is brought pursuant to Articles 48, 50(1), 163(3) and (4) of the Constitution, Section 24 of the Supreme Court Act, and Rule 32 of the Supreme Court Rules. It is instructive to note that prayers 1, 2, and 3 are now spent following the Court’s directions for the disposal of the instant application issued on 21st May 2024.

[2] The proceedings before this Court were instituted by the appellants/applicants through their Petition No. E012 of 2023 dated 25th April 2023 and lodged on 26th April 2023, against the Judgment of the Court of Appeal (M’inoti, Laibuta & Gachoka, JJ.A.) delivered on 20th April 2023 in Civil Appeal No. 70 of 2020. The crux of the appeal is the interpretation of the jurisdiction o…

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