RULING OF THE COURT
By this Notice of Motion expressed to be brought under rule 5(2)(b) of the Rules of this Court, the applicant MARGARET WANJIRU KARIUKI, who is the Member of Parliament for Starehe Constituency in Nairobi seeks the following orders:-
“(a) THAT the execution of the decision and order of the High Court in Election Petition 5 of 2008 at Nairobi and dated 22nd September, 2008 be stayed until the applicant’s intended appeal is lodged, heard and determined.
(b) THAT the costs of this application be provided for.”
This application was brought on the following grounds:-
“1. The applicant has an arguable appeal with good prospects of success as follows:-
(a) The learned Judge of the superior court erred in law and in fact in granting the application dated 3rd July, 2008 seeking an order of scrutiny and recount in the face of the obvious compromise of the fidelity of the contents of ballot boxes occasioned by broken seals and ballot boxes.
(b) The learned Judge of the superior court…