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KAMANDE
V.
REPUBLIC

(2024) JELR 112639 (SC)

Supreme Court 5 Jul 2024 Kenya
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Case Details

Suit Number:Petition (Application) E032 of 2023
Judges:PM Mwilu, SCJ & VP SC Wanjala, SCJ NS Ndungu, SCJ I Lenaola, SCJ W Ouko, SCJ
Counsel:Mr. Nkarichia and Ms. Wambui for the Applicant (Mohammed Muigai LLP) Ms. Mwanza for the Respondent (The Director of Public Prosecutions)

RULING OF THE COURT

[1] UPON perusing the Notice of Motion by the applicant dated 22nd March, 2024 and filed on 25th March, 2024 pursuant to Articles 50 (2) (k), 159 (2) (d) & (e) of the Constitution of Kenya 2010, Rules 3 and 26 of the Supreme Court Rules and all other enabling provisions of law in which the applicant seeks the following orders:

a. This Honourable Court be pleased to admit as additional evidence an Expert Medical Report on the Battered Woman Syndrome in line with the Draft Medical Report annexed to the Petitioner’s Supporting Affidavit in such a manner and subject to such conditions as the court may find appropriate;

b. The Petitioner/Applicant be granted fourteen (14) days leave from the date of determination of this Application to adduce the said additional documentary evidence in the instant appeal;

c. This Honourable Court do issue any other or further order as it may deem necessary to meet the ends of justice;

d. The order for costs of an incidental to this applicati…

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