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…Njiru Mbogo though served did not dispute these facts and there are several decisions by the Court of Appeal on this issue.…

…The Court of Appeal had this to say in the case of NATIONAL BANK OF KENYA LTD VS WILSON NDOLO AYAH Civil appeal No.119/2002 [2009] eKLR “However, a statute prohibiting certain acts is meant to protect the public interest.…

…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.…

…The Court of Appeal for East Africa held in that case that when a person is charged, the charge and the particulars should be read out to him.…

…I have not been able to come across a Kenya authority or a Court of Appeal authority.…

…(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.…

…Any person aggrieved by the decision of the Judge upon any objection referred to such Judge under subsection 92) may, with leave of the Judge, but not otherwise, appeal to the Court of Appeal. 4.…

…exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all of which were applied by the Kenya Court…

…of Appeal in the recent case of Philip Keipto Chemwolo and another v Augustine Kubende, Civil Appeal No 103 of 1984 (unreported) and also in the case of Shadrack Arap Biywo v Bodi Bach Civil Appeal No 122 of 1986 (unreported…

…As was held in the court of appeal case of Kiilu & Another vs.…

…It was held by the Court of Appeal that no suit lies against the Government in respect of acts done in the discharge or purported discharge of judicial functions.…

…In the case of Rex v Okute s/o Kaliembi and Gadimba s/o Oumo (1941) Vol VII Eastern African Court of Appeals Report p 78, the first appellant and the accused persons who had not appealed had on arresting the deceased taken…

…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…