NAJIB BALALA & 13 OTHERS V. DAVID M GITHERE & 9 OTHERS

RULING OF THE COURT

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules for the main order:

“1. THAT this Honourable court be pleased to stay execution of the Ruling dated 27th February, 2004 as regards the issue of costs and the consequential orders in Mombasa High Court Miscellaneous Civil Application No. 20 of 2004, Republic versus David Githere and 9 Others Exparte Najib Balala and 13 Others, pending the hearing and determination of the applicant’s intended appeal”.

By a letter dated 6th January, 2004, the Kenya National Chamber of Commerce and Industry (KNCCI) dissolved the management committee of its Mombasa Branch and appointed a task force committee comprising of five members to recruit members and hold elections within 3 months. The 14 applicants who described themselves as officials and members of the management committee of the Mombasa Branch filed Mombasa High Court Misc. Civil Application No. 20 of 2004 seeking leave to apply by Judici…