KENYA PORTS AUTHORITY PENSION SCHEME, ALBERT CHAUREMBO MUMBA, ABDALLAH H. MWARUWA , M.K. MURE, MARY WAIRIMU NG'ANG'A , ALEX OLE-TEIPAN, MARY OTIENDE , MARGARET NYAGA & MAJENGO KATANA (SUED ON THEIR OWN BEHALF AND ON BEHALF OF THE PREDECESSORS AND/OR SUCCESSORS IN TITLE IN THEIR CAPACITIES AS THE REGISTERED TRUSTEES OF KENYA PORTS AUTHORITY PENSION SCHEME V. KINYUA MUYAA & CO. ADVOCATES

RULING OF THE COURT

1. UPON perusing the Notice of Motion dated 20^th July, 2020 by the applicant, Kenya Ports Authority Pension Scheme, brought under Rule 5(2)(b) of the Court of Appeal Rules, where the applicant seeks an order of stay of execution of the ruling and orders made on 17^th July, 2020 in Misc. Civil application No. 13 of 2015; Kinyua Muyaa and Company Advocates, Kenya Ports Authority Pension Scheme and 8 others pending the hearing and determination of the intended appeal against the ruling of 17^th July, 2020; and

2. UPON perusing the supporting affidavit of Stephen Kyandih sworn on 20^th July, 2020 and the supplementary affidavit sworn on 21^st September, 2020 by Peter Mbuthia Gachuhi; and

3. UPON perusing the replying affidavit sworn on 10^th August, 2020 and the

“further replying affidavit in reply” sworn on 22^nd September, 2020 both by F. Kinyua Kamundi, a partner in the firm of Kinyua Muyaa and Co. Advocates on behalf of the respondents; and

4. UPON perusing the applicant’s su…