RULING OF THE COURT
This is an application by M/s. Adopt – a – Light Limited (Company) under Rule 5 (2) (b) of the Court of Appeal Rules for an order that:
“The nullification of the resolution of the first respondent dated 19th of June, 2006 and of the contract between the first respondent and the applicant entered on 26th June, 2006 be stayed pending the hearing and determination of the intended appeal”.
The applicant has filed Civil Appeal No. 149 of 2007 against the decision of the superior court (Maraga J) dated 5th January, 2007 whereby the superior court on an application by M/s. Uniken Marketing Services Ltd, (Uniken) granted an order of certiorari quashing the decision of the Municipal Council of Mombasa in the resolution of 19th June, 2006 and contract made pursuant thereto.
By the minutes of the meeting of the Municipal Council of Mombasa (Council), held on 19th June, 2006, the Council, approved the recommendations of its Tender Committee recommending five companies including th…