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