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TOM ODHIAMBO OJIENDA
V.
KENYA REVENUE AUTHORITY & ANOTHER

(2019) JELR 95751 (SC)

Supreme Court 11 Feb 2019 Kenya
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Case Details

Suit Number:Petition (Application) 6 of 2019
Judges:David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala
Other Citations:Tom Odhiambo Ojienda v. Kenya Revenue Authority & another [2019] eKLR

RULING OF THE COURT

[1] Before the Court is the Applicant’s Notice of Motion dated 7th February, 2019 and filed on 8th February, 2019. The Application is brought under Article 163(4)(a) of the Constitution, Section 24(2) of the Supreme Court Act, 2011 and Rules 3(5) and 26(1) of the Supreme Court Rules, 2012.

[2] The Application seeks the following orders:

(a) The Applicant’s application for conservatory Orders filed on 7th February, 2019 and dismissed on the same day by Honourable Lady Justice Njoki Ndungu (SCJ) be referred to a bench of five Judges for consideration.

(b) The Order made on 7th February, 2019 by Honourable Lady Justice Njoki Ndungu (SCJ) dismissing the Applicant’s application for conservatory Orders filed on 7th February, 2019 be and is hereby reviewed and set aside.

(c) The Applicant’s application for conservatory Orders filed on 7th February, 2019 be heard by five Judges.

(d) The costs of this Application be provided for.

[3] The Application is supported by an affidavit sw…

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