ROYAL MEDIA SERVICES V. TELCOM KENYA LIMITED, COMMUNICATIONS COMMISSION OF KENYA, BROADCASTING CORPORATION, ATTORNEY GENERAL, NICHOLAS ETYANG, DANIEL MUSAU, FRANCIS WANGUSI, DANIEL WATURU, J. N. KAMUNGE, PHILIP N. KAMANGA, GEORGE KHOJALA , MUSA ETIKO, HENRY WEST & KAREN LANG'ATA DISTRICT ASSOCIATION

RULING OF THE COURT

1. This is an application under Rule 5 (2) (b) of the Court of Appeal Rules and also expressed to be made under Sections 3A and 3B of the Appellate Jurisdiction Act. The application seeks one substantive order in the following terms:-

“That an order of stay of execution be issued staying the ruling and order made in Nairobi High Court Civil Suit No.15 of 2000 by Hon Lady Justice Mugo pending the hearing and determination of the intended appeal as against the said ruling.”

2. The applicant, Royal Media Services, sought orders in the said application on grounds that their intended appeal was arguable, based on 25 reasons stated in the notice of motion. Further, it was the applicant’s case that the intended appeal would be rendered nugatory if the orders sought were not granted. Those grounds were supported by an affidavit sworn on behalf of the applicant by Samuel Kamau Macharia on 27^th March, 2013.

3. What triggered the filing of the application is a ruling in H.C.C.C. …