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…At the helm of the Court system in Kenya is the Supreme Court followed by the Court of Appeal. This Court falls below the Court of Appeal.…

…After the Petitioner’s appeal in this Court was dismissed, he appealed to the Court of Appeal and the same was dismissed. That decision of the Court of Appeal is binding on this Court.…

…It is their submission that The Court of Appeal Judgment and Orders in Court of Appeal in Civil Appeal No.…

…It is submitted that before the Court of Appeal Judgment, no party to these proceedings could have foretold the outcome of the Court of Appeal Judgment.…

…Mwandawiro from the Office of Public Prosecution (ODPP) raised Preliminary Objection that the matter was heard in Court of Appeal, in Appeal No. 89 of 2017 and Court of Appeal remitted the matter for resentencing to the High…

…On Appeal by the Applicant and others in the Court of Appeal; on 18 th December 2020 Judges of the Court of Appeal (Hon. Martha Koome (as she then was), Hon. D. K. Musinga and Hon J.…

…Further, that the grounds set out herein are strikingly identical to the grounds raised in its appeal to the Court of Appeal, where the Plaintiff had stated that the said orders were unactionable, and that the Court of Appeal…

…Aggrieved by the above decision, the Plaintiff moved to the Court of Appeal which rendered its decision on the same issue.…

…It is further submitted that the outcome of Nairobi Court of Appeal Civil Appeal No. E727 of 2025 will therefore have a direct and substantial bearing on this suit.…

…Nairobi Court of Appeal Civil Appeal No.…

…The appellant had appealed against the conviction and sentence to this Court and the Court of Appeal but both appeals were declined. The High Court (Chemitei.…

…I have considered that the applicant has had the Court of Appeal, which is superior to this court, consider his conviction and sentence. 5.…

…ELDORET COURT OF APPEAL CIVIL APPLICATION No. E064 of 2025. c. ELDORET COURT OF APPEAL CIVIL APPEAL No. E136 OF 2021. d. ELDORET COURT OF APPEAL CIVIL APPEAL No. 2 OF 2018. e. ELDORET CHIEF MAGISTRATE CRIMINAL CASE NO.…

…PENDING APPEAL ARISING OUT OF ELDORET ELC NO. 441 OF 2012 AT THE COURT OF APPEAL. That the costs of this application be in cause. 2.…

…THAT Applicants be granted leave by this Court to appeal to the Court of Appeal against the judgment of this court delivered on 12 th October 2023 in Kericho High Court Succession Cause No. 193 of 2008; b.…

…They were subsequently issued with a Court of Appeal number, COACA/E082/2024, by the Court of Appeal registry at Nakuru. • No Memorandum of Appeal or Record of Appeal was filed thereafter.…

…The Appellant appealed to the Court of Appeal and his appeal was dismissed on the 20 th September 2016.…

…The court has had the opportunity of looking at the judgment of the Court of Appeal rendered on 6 th November 2016 by the Learned Hon. Justices of Appeal W. Ouko as he then was), A.K Murgor and S. Ole Kantai.…

…The Applicant submitted that the Respondents’ contention that only the Court of Appeal can grant stay under Rule 5(2)(b) of the Court of Appeal Rules is misconceived.…

…On this court’s jurisdiction, the Respondents submitted that the proper forum for the application is the Court of Appeal under Rule 5(2)(b) of the Court of Appeal Rules.…

…In the application, he states that he does not intend to appeal to the Court of Appeal. 6.…

…The Court which heard the first appeal is a court of concurrent jurisdiction as this honourable court.…

…He then proceeded to file Criminal Appeal No. 14 of 2020 in the Court of Appeal which suffered the same fate.…

…As indicated herein, the Petitioner has unsuccessfully appealed to both this Court and the Court of Appeal. What he now seeks is that this Court reviews its own decision and that of the Court of Appeal.…

…of Appeal. 10.…

…It is also not disputed that he did pursue an appeal before the Court of Appeal which was dismissed on 16 th December, 2022.…

…We think we have said enough to demonstrate that under the Law of Succession Act, there is no express automatic right of appeal to the Court of Appeal; that an appeal will lie to the Court of Appeal from the decision of the…

…In the premises, it is not necessary for this Court to grant leave to appeal to the Court of Appeal. 14.…

…This court cannot review a decision of the Court of Appeal because courts below the Court of Appeal must defer to the authority of that court.…

…The sentence was upheld by the High Court and the Court of Appeal.…

…Respondent to pay the Appellants and the 1st Respondent costs of the Appeal at the Court of Appeal and of the High Court; no reference or appeal has been filed challenging the Court of Appeal’s decision or the taxed bill…

…The petition was heard and determined, and the aggrieved party successfully appealed to the Court of Appeal with the court awarding them costs.…

…Undeterred, he filed Criminal Appeal No. 70 of 2014 in the Court of Appeal. 2. The Applicant has filed an application in which he alleges that the Court of Appeal referred him back to this court for resentencing.…

…I have looked at the record and note that the Court of Appeal directed that the Applicant’s appeal which had been heard by a Judge lacking jurisdiction, be remitted to this Court for rehearing and not resentencing. 4.…

…However, the Court of Appeal expressly addressed this issue of limitation in its judgment of 28th April 2022.…

…The Court of Appeal is superior to this Court, and once it has pronounced itself, the principle of finality applies.…

…THAT he filed an appeal before the Court of Appeal at Nairobi vide Criminal Appeal No. 178 OF 2016 which was dismissed on 8th February 2019. 9.…

…Counsel for the applicant argued that although the applicant’s death sentence had been commuted on 24 th October 2016 the same was not raised before the Court of Appeal and hence the decision by the Court of Appeal upholding…