IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE,J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.162 OF 2001 (UR.86/2001)
BETWEEN
KENYA POSTS and TELECOMMUNICATIONS CORPORATION.............APPLICANT
AND
FRANCIS WAITHAKA NGOKONYO
SUDI ABDALLA
ANDREW MUGA ................................................................................RESPONDENTS
(An application for stay of execution pending the
lodging, hearing and determination of an intended
appeal from the judgment of the High Court of Kenya
at Milimani (Justice Andrew Hayanga) dated 11th
April 2001
in
H.C.C.C. No.357 of 1992 consolidated with
H.C.C.C. No.412 of 1992 and H.C.C.C. No.811 of 1992)
****************************************
RULING
Mr Kipkorir for the applicant now says that this motion sought to be heard on priority basis, could not be filed promptly because the lower court record was not readily available because a Judge's secretary who had custody of it and who had locked it up in her drawer, was away on sick leave. However, the foregoing fact…