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WAITITU
V.
REPUBLIC

(2021) JELR 113362 (SC)

Supreme Court 22 Oct 2021 Kenya
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Case Details

Suit Number:PETITION NO. 2 OF 2020
Judges:MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ WILLIAM OUKO, SCJ

JUDGMENT

A. Introduction

1.The petition of appeal dated 3rd February 2020 and lodged on 4th February 2020 is brought pursuant to the provisions of article 163(4)(a) of the Constitution read together with section 15(2) of the Supreme Court Act and rules 9 and 33 of the Supreme Court Rules, 2012 (repealed). The petitioner seeks orders setting aside the Judgment of the Court of Appeal (Musinga, Gatembu & Murgor, JJA), delivered on 20th December 2019. The Court of Appeal upheld the High Court’ (Ngenye-Macharia, J) Ruling in Ferdinand Ndungu Waititu Babayao & 12 others v Republic Anti-Corruption Revision No 30 of 2019 delivered on 8th August 2019 where the High Court, in upholding the trial Court’s Ruling found that attaching conditions to the grant of bail in a criminal case is not tantamount to removal of a Governor from office.

B. Background

Proceedings before the Trial Court

2.The appellant was arrested alongside twelve others not before us and charged with three counts of alleged dealing w…

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