Republic v Richard Langat Kerich & 5 others [2013] KEHC 6806 (KLR)
- Court
- High Court of Kenya
- Case number
- 6806
- Citation
- [2013] KEHC 6806 (KLR)
- Decided
- 15 November 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from an original trial outcomeCoramMaraga
Holding
The application for leave is not incompetent and the application is not fatally defective.
Facts
The applicants, Dr. Wambugu, Dr. Wairioko Ndiba, and Meridian Medical Centre, were charged by the Director of Public Prosecution in the Chief Magistrate’s Court Anti-Corruption Court in Nairobi with conspiracy to defraud and obtaining money by false pretenses.
Issues
- The application for leave is incompetent due to improper intitulement.
- The application for leave was commenced by Notice of Motion instead of Chamber Summons.
Reasoning
The Court held that the application for leave is not incompetent due to improper intitulement and that the application for leave was not commenced by Notice of Motion instead of Chamber Summons.
Outcome
The application for leave is granted.
Authorities cited
Cases cited (4)
- Farmers Bus Service and Others vs. The Transport Licensing Appeal Tribunal (supra)
- Republic vs. Minister for Transport & Communication & 5 Others Ex Parte Waa Ship Garbage Collector & 15 Others Mombasa HCMCA No. 617 of 2003 [2006] 1 KLR (E&L) 563
- Charles Lutta Kasamani T/A Kasamani & Co. Advocate & Another Civil Appeal (Application) No. Nai. 281 of 2005
- Jotham Mulati Welamondi vs. The Electoral Commission of Kenya Bungoma H.C. Misc. Appl. No. 81 of 2002 [2002] 1 KLR 486
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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