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…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…

…JUDGE OF APPEAL SITTING AS JUDGE OF THE HIGH COURT…

…APPEAL E007 OF 2021 WM MUSYOKA, J DECEMBER 23, 2022 BETWEEN JOHN ALUKHABA .................................................................................…

…The appellant was aggrieved of his conviction and sentence, and led the instant appeal.…

…That order has neither been appealed against, set aside nor reviewed on the instigation of the applicant.…

…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…

…One’s first reaction to such a suggestion is that it cannot be right as it mounts to judges sitting on appeal on each other.…

…It is interesting to notice that the CPC does not provide for appeals against orders for bail, which are interlocutory orders in criminal matters as a general rule are frowned upon by the Courts and unauthorized by the CPC…