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Peter Anyang' Nyong'o & 2 others v. Minister for Finance & another

(2007) JELR 94771 (CA)

Court of Appeal  •  Civil Appli 273 of 2007 (UR.165/2007)  •  20 Dec 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is a preliminary objection by Safaricom Ltd. (Safaricom), the 2nd respondent herein, to the notice of motion dated 31st October, 2007 brought by the three applicants under Rule 5 (2) (b) of the Court of Appeal Rules. The said notice of motion seeks a stay of the decision of the Minister for Finance (1st respondent), to acquire through the Permanent Secretary to the Treasury and thereafter offer to the public 25% of Safaricom Limited shares through Initial Public Offer pending the hearing and determination of the applicant’s intended appeal against the ruling of Nyamu, J. dated 3rd October, 2007.

It is expedient to set out briefly the nature of the proceedings which were before the superior court and the decision of the superior court thereof before we consider the preliminary objection.

On 25th September, 2007 the three applicants who were members of Parliament filed an application for leave to apply for orders of certiorari to quash the decision of the Governmen…

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