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Martin Tindi Khaemba v. Law Society of Kenya, Disciplinary Committee & Salim Mwaropha Maneno

(2018) JELR 99253 (CA)

Court of Appeal  •  Civil Application 41 of 2017  •  6 Dec 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] Whenever this Court is seized of an application under Rule 5(2)(b) of the Court of Appeal Rules (the Rules) it exercises its discretionary power where necessary to preserve the subject matter of an appeal by issuing either an order of stay of execution, stay of further proceedings and/or an injunction as the case may be. See Equity Bank Limited v. West Link Mbo Limited [2013] eKLR. Although the discretion is unfettered it should be exercised within the established parameters. In that, before any of the above mentioned orders are granted, the Court should be satisfied that firstly, the applicant has demonstrated that he/she has an arguable appeal or that the appeal is not frivolous. Secondly, that if the orders sought are not granted, the intended appeal will be rendered nugatory, if it eventually succeeds. See this Court’s decision in Reliance Bank Ltd. (in liquidation) v. Norlake Investments Ltd. [2002] 1 EA 227.

[2] Before us is such an application wherein the …

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