PETER ANYANG' NYONG'O & 2 OTHERS V. MINISTER FOR FINANCE & ANOTHER
(2007) JELR 94771 (CA)
Court of Appeal
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Civil Appli 273 of 2007 (UR.165/2007)
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20 Dec 2007
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Kenya
Coram
Emmanuel Okello O'Kubasu JA
John walter Onyango Otieno JA
Erastus Mwaniki Githinji JA
Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">This is a preliminary objection by <em>Safaricom Ltd.</em> (Safaricom), the 2<sup>nd</sup> respondent herein, to the notice of motion dated 31<sup>st</sup> October, 2007 brought by the three applicants under <em>Rule 5 (2) (b)</em> of the Court of Appeal Rules. The said notice of motion seeks a stay of the decision of the <em>Minister for Finance</em> (1<sup>st</sup> 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 3<sup>rd</sup> October, 2007.</p><p class="ql-align-justify">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.</p><p class="ql-align-justify">On 25<sup>th</sup> 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…</p>