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…This was observed in the case of JULIUS KALEWA MUTUNGA V REPUBLIC which was cited by the court of appeal in the case of JWA VS REPUBLIC [2014] eKLR.…

…The respondent also relied on the case of JWA V REPUBLIC [2014] eKLR where the Court of Appeal held that the age of an individual is a fact.…

…He said the matterhad even gone to the Court of Appeal, though, as I said earlier, the appeal wasnot heard by the Court of Appeal for reasons which were given by both counseland are on record. Mr.…

…He said the matterhad even gone to the Court of Appeal, though, as I said earlier, the appeal wasnot heard by the Court of Appeal for reasons which were given by both counseland are on record. Mr.…

…This judgment was approved by the Court of Appeal in Mbogo v Shah [1968] EA 93 and in Shabir Din v Ram Parkash Anand (1955) 22 EACA 48 where Briggs JA as he then was said at page 51: “I consider that under order 9 rule 20…

…(see the decision of the Court of Appeal in Civil Appeal No.265 of 1997 DAVID MUGO t/a MANYATTA AUCTIONEERS -VSREPUBLIC (unreported) where all these principles of law were pronounced.…

…The Court of Appeal IN CIVIL APPEAL NO. 265 of 1997 (Supra) has held that the existence of an alternative remedy is no bar to the granting of an order of certiorari.…

…The Court of Appeal after reviewing the decided cases on the subject held that the principles in the cited cases are the correct principles to be applied to application to set aside consent judgment and or orders.…