MARY WAMBUI KAIGUA & ANOTHER V. JAMES KURIA MAINA, JAMES KURIA MAINA & GODFREY WAITHAKA MAINA

RULING OF THE COURT

By their notice of motion dated and lodged in this Court on the 27^th July, 2011, the two applicants herein, Mary Wambui Kaigua and Stanley Muigai Kaigua, ask the Court for orders:-

“1. THAT the orders issued by Justice Sergon on 21^st October, 2010 and all other consequential orders arising there from be stayed pending the hearing of Applicants’ intended Appeal against the Ruling delivered on 17^th June, 2011.

2. THAT there be a stay of execution as well as all other orders pursuant to the Ruling and order by the Honourable Justice Sergon delivered on 17^th June, 2011 and 21^st October, 2010 pending the filing, hearing and determination of the intended appeal.

3. ..................................................”

As far as we understand the matter before us, the applicants have filed a notice of appeal against the orders made by Sergon, J on the 17^th June, 2011, which orders merely rejected an application for review of the orders made on 21^st October, 2010. In his Ruli…