RULING OF THE COURT
The applicant JOHN KIBUNJA NJOKA and CHRISTINE NYAGITHA NJOKA have moved this court vide a Notice of Motion dated 28th April, 2017 brought pursuant to Rules 5(2)(b), 42 and 43 of this court’s rules seeking an order inter alia, that:-
“1. That there be a stay of execution of the order that the applicants do pay the 4th respondent Ksh.1,203,443/- pending the lodging, hearing and determination of the applicant’s intended appeal to the Court of Appeal against the said ruling of the High Court delivered on 12th April 2017.”
A brief background to the motion is that F. Munguongo, the taxing officer in a ruling of 7th December, 2015 taxed the bill of costs in the sum of Ksh. 1,089,065. The applicants were dissatisfied with the taxation and they lodged a reference vide a chamber summons dated 9th February,2016 made pursuant to Rule 11(2) of the Advocates Remuneration Order. In the reference, the applicants sought the following orders:-
“1. That this court be pleased to vary or …