RULING OF THE COURT
1. The applicant, MANILAL JAMNANDAS RAMJI GOHIL, is the accused before the Chief Magistrate’s Court at Kibera (Criminal Case No 2601 of 2009) where he is charged with the offence of threatening to murder, contrary to section 223 (1) of the Penal Code.
2. During the course of his trial, he filed before the High Court a constitutional reference seeking first, a declaration that his prosecution in the subordinate court is unconstitutional, discriminating, cruel, harsh and degrading; and secondly, an order barring, preventing, restraining or prohibiting the continuation of that trial.
3. That application was heard by Achode, J. who was not persuaded that the applicant had demonstrated any legitimate reason to warrant a discontinuation of the trial. The applicant has filed a Notice of Appeal in this Court, evincing his intention to appeal this ruling.
4. The applicant now approaches this Court by way of a Notice of Motion dated the 4th December 2013 and lodged in this court…