Judicial Review – certiorari – application seeking to quash the decision of the Judicial Service Commission to interdict/suspend the applicant from the Judiciary – whether applicant was given a chance to defend himself before the interdiction – whether the decision to interdict the applicant was made within statutory provision – validity of application

Judicial Review – prohibition – application seeking to prohibit the DCIO Nyeri and magistrate from charging and prosecuting the applicant – purpose of criminal proceedings – whether the criminal case was vindictive, oppressive and an abuse of the court process – whether prohibition orders could issue to a decision that had already been made  

Judicial Review – mandamus – application for orders of mandamus to compel the judiciary to pay all emoluments to the applicant during the period of dismissal

Judicial review – parties to a proceedings – where there was a failure to serve a party to the proceeding – validity of application

Judicial Review

Civil Practice and Procedure – stay of proceedings – application for stay pending the hearing and determination of the petitioners intended appeal – application based on the ground that the second respondent had withdrawn the complaint against the petitioner but the first respondent had gone ahead and fixed the complaint for hearing – petitioner arguing that he had an arguable case and if stay is not granted, the appeal stands to be rendered nugatory and the petitioners rights will be infringed – application opposed on the ground that the application is premature as the petitioner  can come to court by way of Judicial Review or appeal from the decision of the Board and the petitioner should let the Board go ahead with the enquiry – whether there was merit in the application – Constitution of Kenya, sections 77(9), 84(1),

[Ruling] Civil Practice and Procedure - extension of time - application for extension of time to file notice and record of appeal - duty of the applicant to show that the intended appeal was not frivolous, that the application had been brought without inordinate delay and that the respondent would not suffer prejudice if the application was allowed - Court of Appeal Rules rule 4

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Criminal law - robbery with violence - second appeal against conviction and sentence of death - evidence - identification evidence - whether in the absence of an identification parade, evidence of visual identification becomes dock identification and therefore of no probative value - evidence - evidence of a child of tender years - whether a person aged 17 years is a child of tender years - Penal Code section 296(2) - Evidence Act section 124 - Oaths and Statutory Declarations Act section 124

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Judicial Review

[Ruling] Election Law – service of process - substituted service – service of election petition -petitioner unable to find respondent to effect personal service on him – where after due diligence it is not possible to effect personal service on respondent – what amounts to due diligence – service of election petition by means of publication of the same in the Kenya Gazette and publication of the notice of presentation of the petition in one English and one Kiswahili local daily newspaper with the highest national circulation - National Assembly and Presidential Elections Act (cap 7) sections 20, 20(1) proviso (iv), Statute Law (Miscellaneous Amendments) Act, 2007 (Act No 7 of 2007).