[2004] KECA 76 (KLR)
The Court exercised its discretion to grant an adjournment of the hearing of the motion, considering the urgency of the matter and the nature of the prayers sought. Simultaneously, the Court ordered an interim stay of execution of all orders made by the High Court on 26th November, 2004, to preserve the status quo...
Source-derived case information.
- Citation
- [2004] KECA 76 (KLR)
- Parties
- Applicant: Republic; Respondent: Honourable Jackson Mwalulu; Respondent: Kiriro wa Ngugi; Respondent: Kepta Ombati; Respondent: Sande Oyolo; Respondent: Mutembei Marete; Respondent: Jacob Opiyo; Respondent: Cyprian Nyamwamu; Respondent: Wambua Munywoki; Respondent: Paul Thumbi; Respondent: The Judicial Commission of Inquiry into the Goldenberg Affair; Respondent: Hon. Justice S.E.O. Bosire; Respondent: Peter Le Pelley; Respondent: Nzamba Kitonga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 310 of 2004
- Procedural Posture
- Stay Application / Application for Adjournment and Interim Stay Pending Hearing of Motion
- Outcome
- Adjournment granted; interim stay of High Court orders granted pending hearing of motion.
- Legal Topics
- Adjournment Discretion, Interim Stay Orders, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Honourable Jackson Mwalulu
Respondent
Kiriro wa Ngugi
Respondent
Kepta Ombati
Respondent
Sande Oyolo
Respondent
Mutembei Marete
Respondent
Jacob Opiyo
Respondent
Cyprian Nyamwamu
Respondent
Wambua Munywoki
Respondent
Paul Thumbi
Respondent
The Judicial Commission of Inquiry into the Goldenberg Affair
Respondent
Hon. Justice S.E.O. Bosire
Respondent
Peter Le Pelley
Respondent
Nzamba Kitonga
Respondent
Procedural Posture
Stay Application / Application for Adjournment and Interim Stay Pending Hearing of Motion
Legal Issues
- 1 Whether the Court should grant an adjournment of the hearing of the motion.
- 2 Whether interim stay of execution of the High Court orders should be granted pending the hearing of the motion.
Ratio Decidendi
The Court exercised its discretion to grant an adjournment of the hearing of the motion, considering the urgency of the matter and the nature of the prayers sought. Simultaneously, the Court ordered an interim stay of execution of all orders made by the High Court on 26th November, 2004, to preserve the status quo and prevent prejudice to the parties pending the hearing and determination of the motion. The motion was fixed for hearing on a specific date, and the Commission and its members were directed to stay adjourned until further orders. Costs of the day were reserved in the motion.
Court Disposition
Adjournment granted; interim stay of High Court orders granted pending hearing of motion.
Orders
- Application for adjournment is granted.
- Interim stay of execution of all High Court orders made on 26th November, 2004 is granted until hearing and final determination of the motion.
Full Case Text
Judgment text and source record
38 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
(CORAM: OMOLO, TUNOI, JJ.A. & DEVERELL, AG.J.A.) CIVIL APPLICATION NO. NAI. 310 OF 2004 (159/2004 UR)
BETWEEN
REPUBLIC ……………………...…….………………………. APPLICANT
AND
HONOURABLE JACKSON MWALULU ….....…….. 1ST RESPONDENT
KIRIRO WA NGUGI ………….…………………....…2ND RESPONDENT
KEPTA OMBATI …………….…………………...…. 3RD RESPONDENT
SANDE OYOLO ……………….……………...…….. 4TH RESPONDENT
MUTEMBEI MARETE …………..……………….…. 5TH RESPONDENT
JACOB OPIYO ………………….…………….……..6TH RESPONDENT
CYPRIAN NYAMWAMU ………….......………....…..7TH RESPONDENT
WAMBUA MUNYWOKI ………..........…..............… 8TH RESPONDENT
PAUL THUMBI ……………....…………….…..……9TH RESPONDENT
EX-PARTE
THE JUDICIAL COMMISSION OF INQUIRY
INTO THE GOLDENBERG AFFAIR ……...........… 1ST RESPONDENT
HON. JUSTICE S.E.O. BOSIRE ….…..….........…2ND RESPONDENT
PETER LE PELLEY ……..................................... 3RD RESPONDENT
NZAMBA KITONGA ……………...................…4TH RESPONDENT
(Application for stay pending the determination of theappeal against the ruling and order of the HighCourt of Kenya at Nairobi (Nyamu, Ibrahim &Makhandia, JJ. ) dated 26 th November, 2004
in
MISC. CIVIL APPLICATION NO. 1279 OF 2004) ***********************
RULING OF THE COURT
We have been asked for an adjournment by Mr. Kibe, learned counsel for the Respondents. We have listened to the arguments for and against the application. We do not see any reason for reciting those arguments in this ruling. As we pointed out to counsel, the question of whether or not to grant an adjournment is at the sole discretion of the Court, of course taking into account all the relevant factors. We take into account the fact that the motion for hearing before us was certified urgent and we also take into account the nature of the prayers made in the motion. We do not wish to compel Mr. Mungai to proceed. We grant his application for an adjournment but at the same time we order an interim stay of execution of all the orders made by the High Court on 26th November, 2004 .Those orders are stayed until the hearing and final determination of the current motion. We fix the motion for hearing on 21st December, 2004 at 9:00 a.m. We also direct, though we think this is not necessary, that the Commission itself and all its members shall stay adjourned until further orders of the Court. The costs of to-day shall be in the motion.
Dated at Nairobi this 9th day of December, 2004.
R.S.C. OMOLO
..............................
JUDGE OF APPEAL
P.K. TUNOI
.................................
JUDGE OF APPEAL
W.S. DEVERELL
..................................
AG.JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR