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…only in the case of the appellant Zadock Erude Keya that all documents were copies as the original was not found and that when the copies were used, the learned counsels for the appellants were present but did not raise objection…

…As Mrs Muinde pointed out, the learned advocates were present in the Court but there is nothing on the record to show that they raised any objection.…

…In ground 2 objection is taken because the learned judge should have held, as it is said, that the act of theft on the part of Securicor’s servant was not within the scope of his employment.…

…However counsel for the petitioner senior counsel Lee Muthoga who argued the petitioner’s objection to this motion urged this court very strongly not to feel bound by the judgment of the Judges of Appeal on the Kibaki Moi…

…His main submissions were not affected and I would apply the provisions of order 18 rule 7 CPA and dismiss the objections as mere technicalities.…

…The respondent objected to the appellant’s challenge of the superior court’s jurisdiction to entertain the claim since the appellant had led an unconditional appearance but the trial judge dismissed that objection.…

…As the issue goes to jurisdiction it was again raised before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge…

…That the application is not incompetent because order 6 rule 12 and order 50 rule 12 states: (a) That no technical objection can be allowed on any pleading.…