RULING OF THE COURT
BACKGROUND
1) By way of a notice of motion dated 5th November, 2019, Major Erastus Hezbon Otieno (the applicant), seeks orders that:
a) There be an order staying proceedings in Court Martial
Criminal Case Number 2 of 2019: Republic v. Major Erastus Hezbon Otieno pending the hearing and determination of the intended appeal by Major Erastus Hezbon Otieno against the judgment of the High Court (W. Korir, J.) delivered on 31st October, 2019.
b) The Applicant be released on bail pending hearing and determination of the intended appeal.
c) Costs.
2) In this motion that is filed under Rule 5(2)(b) of the Court of Appeal Rules (the Court Rules) The Director of Military Prosecutions is named as the 1st respondent while Kenya Defence Forces is named as the 2nd respondent.
3) The motion was supported by the affidavit of the applicant sworn on 5th November, 2019 in which he depones inter alia that on 18th February, 2019 he was arrested and detained in the barracks without being arraig…