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…REPUBLIC OF KENYA COURT OF APPEAL AT MOMBASA Criminal Appeal 138 of 2002 ABDIRAHMAN ALI ABDI …………………….................…………………….. APPELLANT AND REPUBLIC ……………………………….............……….………………….…

…The applicant, in support of his motion has listed several election petitions already decided both in the High Court and the Court of Appeal such as Mwai Kibaki vs Arap Moi Civil Appeal No 172 of 1999 in Court of Appeal (…

…This court should find itself bound by this decision of the Court of Appeal.…

…The principle upon which the Court orders preliminary point is now trite following Court of Appeal decision in the case of MUKISA BISCUIT MANUFACTURING COMPANY LIMITED vs.…

…The Kenya Court of Appeal held in Ochieng’s case that it is undesirable to charge an accused person with so many counts in one charge sheet as this may occasion prejudice and that usually, no more than 12 counts should be…

…In any case, the Court of Appeal came out clearly in Ochieng’s case (supra) that it is undesirable for an accused to be subjected to more than twelve charges at one trial.…

…That the Court of Appeal addressed that point in the Mwai Kibaki case and found that nothing turned on such as basis and that only Parliament had the mandate to address situations where a petitioner found it near impossible…

…While considering section 20 of the Act, the Court of Appeal went over several cases including its decision in Alicen J R Chelaite v David Manyara Njuki & 2 others CA No 150/98.…