ROSE JEBOR KIPNGOK V. KIPLAGAT KOTUT

RULING OF THE COURT

1. Two applications were heard together in this matter. The first is an application for leave and certification to appeal to the Supreme Court. The second is an application to strike out the application seeking leave and certification. The two applications were argued and heard simultaneously. This ruling is a determination of both applications.

2. The first application is by way of a Notice of Motion dated 19^th March 2019 in which the applicant has applied to this Court for certification and leave to appeal to the Supreme Court. In addition, the applicant has prayed for an order for stay of execution and implementation of the judgment of this Court delivered on 7^th March 2019 in Civil Appeal No. 31 of 2015. The order for stay of execution is sought to remain in force pending the hearing of the intended appeal at the Supreme Court.

3. The ground in support of the Motion for certification is that there are two contradictory judgments by this Court over the same subject…