RULING OF BOSIRE J.A
The applicant, Kenya Power And Lighting Company Limited, has come to this Court under rule 5(2)(b) of this Court’s Rules, seeking orders, inter alia, that:
(1) the proceedings in High Court Misc. Civil Application No. 1 of 2010 be stayed pending the hearing and determination of an intended appeal against the decision of the High Court (Gacheche J.) given on 16th March 2010 in the aforesaid suit.
(2) the aforesaid order, which among other things, stays the implementation of a contract between the applicant and Betterline Co. Limited and Powergen Technologies Limited, be stayed pending the hearing and determination of the aforesaid intended appeal.
Several decisions of this Court, among them, Reliance Bank Ltd v. Norlake Investments Ltd.  1EA 277 and Oraro and Rachier Advocates v. Co-operative Bank of Kenya EA 236, summarize the principles which govern applications of this nature. An applicant must first show that his appeal or intended appeal, is arguable, …