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…In the present application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate…

…I allow the application as a consequence of which I will set aside the order on bail by the Chief Magistrate’s Court at Naivasha. I will substitute the same with an appropriate order of this court.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No. 3160 of 2003 of the Principal Magistrate’s Court at NAIVASHA) HOSEA KIBIWOTT…

…The application was not opposed by the prosecution.…

….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…

…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…

…The application was supported by an affidavit sworn by Terry C.…

…The petitioner, William Kiprop Komen opposed the application and filed an affidavit sworn on 18th May, 2004.…

…That this application be heard inter-partes on 29.8.95. 4. That the costs of this application do abide the outcome of the application.…

…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…

…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…