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THE ATTORNEY GENERAL & ANOR
V.
KATIBA INSTITUTE & ORS

(2024) JELR 112219 (CA)

Court of Appeal 5 Jul 2024 Kenya
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Case Details

Suit Number:CIVIL APPEAL (APPLICATION) NO. NAI E148 OF 2023
Judges:D. K. MUSINGA (P) (IN CHAMBERS)
Location:Nairobi

RULING

  1. The  applicants’  motion  dated  14th    April  2023  seeks  leave to file and serve the memorandum of appeal and the record of appeal dated 14th April 2023 out of time. The applicants further pray that the said memorandum and record of appeal be deemed as duly filed and served properly.

  2. The affidavit in support of the application by Gracie Museo Mutindi, an advocate practising as such in the Office of the Attorney General, states that the judgment sought to be appealed from was delivered on 16th December 2022; that a notice of appeal was filed on 19th December 2022 and on the same day certified copies of the proceedings and judgment were sought; that on 20th December 2022 an undated and unsigned copy of the judgment was provided; that on 8th February 2023 certified copies of the proceedings were supplied, but it was not until 22nd March 2023 that  a certified copy of the judgment was provided.

  3. The application is not opposed as none of the respondents filed any replying affidavit.…

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