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PETER DENIS MBWALI & ANOTHER V KENYA LITERATURE BUREAU [2012] KEHC 5817 (KLR)

[2012] KEHC 5817 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5817
Citation
[2012] KEHC 5817 (KLR)
Decided
21 September 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypecivilPostureappeal from a decision of the High Court of Kenya at NairobiCoramD.S. Majanja
Holding

The court ruled that Justice Nambuye can deliver the judgment on his behalf due to pending review proceedings.

Facts

The case involves a dispute between Peter Denis Mbwali and John Kipsige Kitur, 2nd Plaintiff, and Kenya Literature Bureau, Defendant. The case was originally heard by Justice Nambuye.

Issues

  1. removal proceedings of Justice Nambuye under the Vetting of Judges and Magistrates Act
  2. access to justice for parties waiting for judgment

Reasoning

The court took judicial notice of the pending review proceedings of Justice Nambuye and ruled that he can deliver the judgment as he is still a judge under the Constitution.

Outcome

The judgment was delivered by the presiding judge, D.S. Majanja, on behalf of Justice Nambuye.

Authorities cited

Legislation (1)
  • Vetting of Judges and Magistrates Act (Act 2 of 2011)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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