JACKSON KIPKEMBOI, JOSEPHAT KAMAU NGANGA, ENOCK K. KIPLAGAT, ELIUD KARANJA WANYOIKE, STEPHEN M. MWANGI & 3 others v. SAMUEL MURIITHI NJOGU, JOSEPH SAMOEI, SAMUEL M. KATHITA, WILFRED NYAMU & ELIJAH CHERUIYOT

RULING OF THE COURT

We have before us an application brought under certificate of urgency in which the applicant is seeking two main orders namely:-

“(b) That there be a stay or execution(sic) of the orders of Hon. Lady Justice Mugo made on 6^th February, 2007 committing Mr. Elisha Zebedee Ongoya, Advocate in HCCC No. 1237 of 1999 pursuant to her earlier orders in HCCC No. 1236 of 2004 hearing (sic) determination of the intended appeal.

(c) That the said Mr. Elisha Zebedee Ongoya Advocate be and is hereby released forthwith pending the hearing determination of intended appeal.”

The application is brought under rule 5 (2)(b) of this Court’s Rules (the Rules). That in effect means that the applicant has to demonstrate the now well known two principles namely first that the intended appeal is arguable i.e. is not frivolous. Secondly that the results of the intended appeal were it to succeed would be rendered nugatory if this application is not allowed.

Mr. Albert Khaminwa for the respondent d…