RULING OF THE COURT
This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (“the Rules”) for stay of the order of the superior court (Kimaru, J.) made on 2nd September, 2009 pending the hearing and determination of an intended appeal. The facts giving rise to this dispute are briefly as follows: The applicant is a company incorporated in India, having its registered office in Kolkata, and its principal place of business in Noida, India. The applicant was awarded a contract by Kenya Power and Lighting Company Ltd., (KPLC) a Kenyan parastatal, substantially owned by the Government of Kenya to reinforce and upgrade the electricity distribution network of KPLC. The scope of the work involved was extensive, and the terms of the contract permitted the applicant to enter into sub-contract agreements with other parties, subject to the approval of KPLC. Accordingly, on 20th July, 2007 the applicant entered into a sub-contract agreement with Priority Electrical Engineers Ltd. (…