REASONS FOR THE DECISION MADE ON THE 11 TH DECEMBER 2014
On 11th December 2014, when the notice of motion dated 25th June 2014 was argued before us, we rendered our decision sua sponte pursuant to Rule 32(5) of the Court of Appeal Rules, 2010 but reserved our reasons which we hereby give.
The motion before us was for a single prayer namely;
“Pending the determination of the intended appeal further proceedings be stayed in the High Court of Kenya at Milimani Law Courts ELC Case No. 475 of 2006 ....”
The motion had on its face the grounds on which it was premised as follows;
“A. The applicants have an arguable meritorious and/or prima facie case on appeal in that the impugned ruling is wrong in that (inter alia) the learned judge;
i. Did not consider and/or appreciate (as submitted) the suit before her was representative and it was imperative and prerequisite that notice of its institution ought to have been issued in accordance with Order 1 Rule 8 Civil Procedure Rules before a Consent Order…