INTERNATIONAL CENTRE FOR POLICY & CONFLICT V. KAMLESH MANSUKHLAL DAMJI PATTNI, ELIJAH KIPNG'ENO ARAP BII, ATTORNEY GENERAL, DIRECTOR PUBLIC PROSECUTIONS, COMMISSIONER OF POLICE & CHIEF MAGISTRATES COURT NAIROBI

RULING OF THE COURT

By the notice of motion dated 22nd April, 2013 and lodged in court on 23rd April, 2013 the applicant, International Centre for Policy and Conflict (ICPC) sought orders under Rules 1(2), 5(2)(b) of the Rules of this Court in the main:

“That the judgment and decree dated 20th March, 2013 in HC.JR.Misc.App.No.305/12 be stayed pending hearing and determination of the intended appeal.”

Some twelve grounds (A1 to 12) were set out on the arguability of the intended appeal. Three grounds (B a-c) contended that the intended appeal would be rendered nugatory if the sought stay order was not granted. During the proceeding Mr. Havi, learned counsel for the appellant told us that indeed the intended appeal had since been filed and served, being C.A. No.101/2013.

In paraphrase, it was contended in the grounds, that the notice of motion dated 28th August, 2012 was heard by Mutava J. He delivered the judgment herein. To the applicant the motion ought to have been heard by a judge in …