IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPLICATION NO. NAI 77 OF 2003 (UR. 40/03)
JUDICIAL COMMISSION OF INQUIRLY INTO THE
GOLDENBERG AFFAIR and OTHERS .......APPELLANTS
VERSUS
JOB KILACH.....................................RESPONDENT
JUDGMENT
1. Rule 74(4) of the Court of Appeal Rules (cap 9 Sub leg) does not require that one must obtain leave to appeal or a certificate that a point of law of general importance is involved, before one files a notice of appeal.
2. With respect to applications for leave to apply for prerogative orders the only procedure provided under order LIII rules 1 and 2 is that the application shall be made ex pate to a judge in chambers.
3. No leave required to appeal from an ex parte order which grants or refuses leve to apply for any of the prerogative orders set out in order LIII of the Civil Procedure Rules (cap 21 sub leg).
4. The court was not convinced in this case that because the trial judge made ex parte orders then the only route open to the applicants was to g…