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…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OWUOR, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…

…We have considered the appellants’ supplementary grounds of appeal to his court in which, inter alia, they each emphasize that they had no communication with their advocate for periods of one and half and two months respectively…

…The Respondent being aggrieved by the Judgement filed an Appeal before the Court of Appeal and an Application for stay of execution.…

…According to the Court, the Application for stay of execution was filed in the Court of Appeal. Any directions, orders or review can only be done by the Court of Appeal.…

…However, the hearing of the application is dependent upon the Court of Appeal diary necessitating the present application.…

…That the applicant was forum shopping approaching this court after it had failed to secure orders at the Court of Appeal.…

…He deposes inter alia that the applicant filed an application in the Court of Appeal being Civil Application No.…

…E044 of 2024 which application is still pending and the Court of Appeal declined to issue any orders as prayed. He has attached the directions issued by the Court of Appeal.…

…I however need to mention that the applicant has filed an appeal before the Court of Appeal against the judgment herein being Court of Appeal at Kisumu, Civil Appeal No. E163 of 2025. 5.…

…It will be observed that there is already judgment delivered by this court, and the applicant has filed an appeal to the Court of Appeal. That being the case, the matter is now in the hands of the Court of Appeal.…

…appeal in the Court of Appeal the appellant must first file Notice of Appeal which has been done by his Advocate.…

…His advocate on record also applied for copy of the judgment and copy of certified proceedings and subsequently filed a record of Appeal in the Court of Appeal.…

…appeal in the Court of Appeal the appellant must first file Notice of Appeal which has been done by his Advocate.…

…His advocate on record also applied for copy of the judgment and copy of certified proceedings and subsequently filed a record of Appeal in the Court of Appeal.…

…E185 of 2025, which the Court of Appeal dismissed on 27th January 2026.…

…of Appeal?…

…The same is for leave to the Applicant to appeal to the Court of Appeal against the ruling of this court made on 29/6/2023 dismissing the Applicants preliminary objection dated 25/11/22 on this court’s jurisdiction to handle…

…It will be argued at the Court of appeal level. 17. The main issue for determination is whether the application is merited.…

…appeal in the Court of Appeal the appellant must first file Notice of Appeal which has been done by his Advocate.…

…His advocate on record also applied for copy of the judgment and copy of certified proceedings and subsequently filed a record of Appeal in the Court of Appeal.…

…The Court of Appeal later reviewed the case, modifying the allocation of liability and revising the award of damages. 2.…

…The Supreme Court on 06.12.2024 upheld the Court of Appeal’s determination on Liability but set aside the award of damages.…

…of Appeal.…

…of Appeal.…

…The 2nd Respondent avers that it was aggrieved by the judgment delivered on 26th February 2024 and has lodged an Appeal at the Court of Appeal.  …

…of Appeal. 7.   …

…He then filed an appeal to the Court of Appeal which was dismissed in a judgment delivered on 29 July 2011.…

…Aggrieved, Joseph Mose Akuma filed an appeal to the Court of Appeal, being the case Kisumu Court of Appeal, Civil Appeal No. 91 of 2005. The appeal was heard and judgment delivered on 29 July 2011.…

…It seems grievous that this matter is still pending despite very express orders of the Court of Appeal.…

…Just as it never responded to the present petition and the appeal before the Court of Appeal, it never filed a response to the instant application.…

…The Court of Appeal in Mumo Matemu vs Trusted Society of Human Rights Alliance & 5 others (2013) eKLR, emphasised the principles set out in Anarita Karimi and held that, “The principle in Anarita Karimi Njeru (supra) that…

…That there was a decision by the Court of Appeal and the genuine squatters were compensated by the government with land at Nguu Scheme.…

…pending appeal that the Attorney General had lodged in the Court of Appeal.…

…before the Court of Appeal was heard and determined.…

…That question was answered by the Court of Appeal in the case of Delphis Bank Ltd vs Chatt & 6 Others (2005) 1KLR where it was held that a litigant’s right to legal representation by an advocate of his choice is not absolute…

…In that case the Court of Appeal held as follows; “1. The right to a legal representative or advocate of his choice is a most valued constitutional right to a litigant.…