JAYNE WANGUI GACHOKA V. KENYA COMMERCIAL BANK LIMITED

RULING OF THE COURT

This is the ruling in respect of the notice of motion dated 9^th April, 2010. It is brought under Rule 5(2)(b) of the Court of Appeal Rules. It has four main prayers but only prayer No. 4 remains for the determination by this Court. The said prayer seeks stay orders of paragraph 4 of the order of Hon. Lady Justice Gacheche in Constitutional Reference Petition No. 51 of 2010 dated 19^th February, 2010 pending the hearing and determination of the Appeal. As at the time of filing the notice of motion, the appeal had not been filed but we are informed that the same was filed on 22^nd April, 2010 and is registered as Civil Appeal No. 90 of 2010.

This notice of motion first came to this Court for hearing on 7^th June, 2010. Upon perusal of the same, the Court observed that it emanated from an order made ex-parte by the High Court. The parties were therefore directed to go back to the High Court and have the application that was pending for hearing before that court heard inter…