Roselyn Naliaka Nambuye v Chief Justice of Kenya,(Rtd) Abdul Majid Cockar,John Mwera,Leonard Njagi,Daniel Musinga & Isaack Lenaola [2005] KECA 26 (KLR)

IN THE COURT OF APPEAL

AT ELDORET

CORAM: TUNOI, O’KUBASU & GITHINJI, JJ.A

CIVIL APPLICATION NAI 248 OF 2005

IN THE MATTER OF AN INTENDED APPEAL

BETWEEN

HON. LADY JUSTICE ROSELYN NALIAKA NAMBUYE ………..APPLICANT

AND

THE HON. THE CHIEF JUSTICE OF KENYA……..………1ST RESPONDENT

HON. JUSTICE (RTD) ABDUL MAJID COCKAR…..…….2ND RESPONDENT

HON. JUSTICE JOHN MWERA……..…………….…..…...3RD RESPONDENT

HON. JUSTICE LEONARD NJAGI…..…………….…..…..4TH RESPONDENT

HON. JUSTICE DANIEL MUSINGA..……….………..…….5TH RESPONDENT

HON. JUSTICE ISAACK LENAOLA…………....…….……6TH RESPONDENT

(The 2nd to 6th respondents in their capacity as the Tribunal to Investigate the Conduct of Judges)

(An application for stay of further proceedings and or stay of execution pending the hearing and determination of an intendedappeal to be lodged in the Court of Appeal from the decision of theHigh Court of Kenya at Nairobi (Nyamu, J) dated 22nd April, 2005

in

H.C.MISC.A. NO. 764 OF 2004)

********************

RULING OF THE COURT

This application by way of notice of motion dated 22nd August, 2005 was coming up for hearing this morning. While Mr. Mwenesi with Mr. Simani for the applicant were ready to proceed with the application, Mr. Ombwayo appearing for the respondents applied for adjournment on the ground that he has not had sufficient time in which to contact his clients. He pointed out that the application was served on him on 16th September, 2005.

While Mr. Mwenesi had no strong objection to the application for adjournment he asked us to grant an interim stay.

We have carefully considered counsel’s brief submissions and we are of the view that it would be in interest of justice to allow the application for adjournment.

As Githinji, J.A.disqualifies himself from hearing this matter, we order that this matter be heard before a bench excluding Githinji, J.A.

In view of the foregoing this application is adjourned for mention in Nairobi on 6th October, 2005 at 9. 30 a.m. Costs shall be in the application.

MADE at ELDORET this 22nd day of September, 2005.

P.K. TUNOI

………………………..

JUDGE OF APPEAL

E.O. O’KUBASU

………………………..

JUDGE OF APPEAL

E.M. GITHINJI

…………………………….

JUDGE OF APPEAL

I certify that this is a

true copy of the original.

DEPUTY REGISTRAR