PATRICK MUKIRI KABUNDU V. EXECUTIVE, TOURISM DEVELOPMENT & CULTURE, MOMBASA COUNTY, COUNTY GOVERNMENT OF MOMBASA, MOMBASA COUNTY DIRECTORATE, LIQUOR CONTROL & DIRECTOR OF PUBLIC PROSECUTIONS & 19 OTHERS

RULING OF THE COURT

The Motion on Notice before us dated 26^th October 2015 is expressed to be taken out under rules 5 (2) (b) and 42 (1) of the Court of Appeal Rules. In it the applicant, Patrick Mukiri Kabundu, who appears in person, seeks reliefs worded as follows:

“1. That a stay of execution of the Mombasa County Liquor Licensing Act, 2014 pending the intended appeal;

2. That a stay of execution of the judgment and order of Justice Anyara Emukule dated 13^th October 2015 pending the intended appeal;

3. That in the alternative and without prejudice to the above the order dated 30^th July 2015 by Justice Anyara Emukule be reinstated pending the intended appeal;

4. That in the alternative and without prejudice all prosecutions carried out by county prosecutor in Mombasa County be stayed pending intended appeal.”

The Motion is supported by the applicant’s affidavit sworn on 26^th October 2015, which sets out the background to this application and the grounds and reasons upon which the applicat…