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JOSEPH MUNYIRI MUNENE
V.
ATTORNEY GENERAL & ANOR

(2010) JELR 100639 (CA)

Court of Appeal 12 Feb 2010 Kenya
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- The appellant, Joseph Munyiri Munene, sought interim conservatory orders from the High Court to stay proceedings and excuse his attendance in Chief Magistrate Criminal Case No. 900 of 2008, where he and others faced charges of conspiracy

Case Details

Suit Number:Civil Appeal 223 of 2009
Judges:Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram
Location:Nairobi
Other Citations:Joseph Munyiri Munene v. Attorney General & another [2010] eKLR

JUDGMENT OF THE COURT

This appeal is from the decision of the superior court (Apondi, J) dated 15th September, 2009. The applicant in that matter, Joseph Munyiri Munene (the appellant) sought interim conservatory orders, pursuant to Rules 20, 21 and 32 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules 2006, to stay any further hearing of the Chief Magistrate Criminal Case No. 900 of 2008 (“the criminal case”) and to excuse the applicant’s attendance at the criminal case, pending the determination of a Petition filed by the appellant in the superior court.

In the criminal case, the appellant and 13 others were jointly charged with one count of conspiracy to defraud contrary to section 317 of the Penal Code. The appellant was also charged, along with six others, of a second count of breach of trust against the public contrary to section 127 of the Penal Code.

By a Petition file…

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