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Robert Kariuki Njagi & another v Republic & another [2018] KEHC 8727 (KLR)

[2018] KEHC 8727 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8727
Citation
[2018] KEHC 8727 (KLR)
Decided
17 January 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the Chief Magistrate's CourtCoramJ. M. Bwonwonga
Holding

The applicant does not have a right of appeal and therefore cannot seek leave to appeal. The applicant does not have locus standi to seek leave to appeal to the Court of Appeal. The costs of the application will not be awarded.

Facts

The applicants, Robert Kariuki Njagi and John Njagi Kiragu, were involved in criminal proceedings. Nicholas Muriuki Kangangi applied for leave to appeal against the dismissal of his application to be an interested party in the appeals.

Issues

  1. Whether the applicant has a right of appeal
  2. Whether the applicant has locus standi in the appeals
  3. Who should bear the costs of the application

Reasoning

The court found that the applicant does not have a right of appeal and does not have locus standi in the appeals. The application is an abuse of the court process.

Outcome

The application is dismissed. There will be no order as to costs.

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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