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…No. 575 of 1968 ***************** R U L I N G: David Kongo (the applicant) has applied by way of notice of motion under r.4 of the Court of Appeal Rules (the Rules) for an order for extension of time to file an appeal from…

…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…

…The following day the applicant rushed to, the High Court at Nyeri and filed originating motion praying for orders to nullify the orders or the Chief Magistrate, Nakuru.…

…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…

…DEFENDANT R U L I N G This is a Notice of Motion brought under Order XLIV Rule 1 of the Civil Procedure Rules in which the applicant is seeking the following orders:- “1.…

….…….DEFENDANT R U L I N G The Originating Notice of Motion dated 22.4.2003 is filed by a former military personnel who was Court martialed as a result of a failed military coup in Kenya in 1982.…

…He brings this Motion under Section 60, 70, 72 and 84 of the Constitution to challenge the constitutionality of the trial and the legality of his dismissal.…

…The following day the applicant rushed to, the High Court at Nyeri and filed originating motion praying for orders to nullify the orders or the Chief Magistrate, Nakuru.…

…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…