DAVID KILI SAWE & GEORGE WASHINGTON MOSES THUKU V. GEORGE KAMAU KIMANI & JAMES MUCHORI KIMANI

RULING OF THE COURT

Background

1) By way of a notice of motion dated 28th March, 2019 David Kili Sawe (the 1st applicant) and George Washington Moses Thuku (the 2nd applicant) urge this Court to grant orders in the main:

a) That pending the hearing and determination of the application inter partes, there be a stay of execution of the judgment of this Court and the consequential order(s) delivered on 17th January, 2019 in Civil Appeal No. 113 of 2015 (the impugned judgment);

b) That this Court be pleased to review and/or set aside the impugned judgment and its consequential order(s) re-open, re-hear and re-determine the said matter;

c) That this Court be pleased to grant leave to the applicants to allow them to introduce new evidence in order to initiate a new trial on that specific evidence in Civil Appeal No. 113 of 2015.

2) The application is supported by the affidavit of the 2nd applicant and is based inter alia on the following grounds:

a) That this Court delivered the impugned judgment …