Login Register

Clement Kungu Waibara & 2 others v. Benard Chege Mburu

(2011) JELR 105280 (CA)

Court of Appeal  •  Civil Application 212 of 2011  •  8 Sep 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram



Having read the record before us, and having heard arguments by counsel for all the parties, we are persuaded that the intended appeal herein is arguable, and indeed will be rendered nugatory if the orders sought in the application before us are not granted.

Accordingly, we allow the application and order stay of execution of the judgment and decree of Ochieng, J. dated 26th August, 2011 for a period of two (2) months from today, within which time the intended appeal shall be filed, heard and determined. This order, unless otherwise extended by the Court, shall automatically lapse at the end of the said two months.

This ruling is delivered on the assumption that the Certificate pursuant to Section 30(1) of the National Assembly and Presidential Elections Act has not been signed and served upon the Speaker of the National Assembly as at 12.00 noon today, 8th September, 2011.

Dated and delivered at Nairobi this 8th day of September, 2011

R.S.C. OMOLO .....................…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login