STANLEY MUNGA GITHUNGURI V. JOSEPH MUNGA GITHUNGURI & 3 ORS.

RULING

1. Before us is a notice of motion dated 9th June, 2021 in which Stanley Munga Githunguri (the applicant) seeks orders in the main:

   a. That this Court be pleased to issue an order of stay of execution of the orders issued on 4th June 2021 in Nairobi High Court Family Misc. 52 of 2020 pending the hearing and determination of the appeal.

   b. That this Court be pleased to issue an order of stay of proceedings in Nairobi High Court Family Misc. 52 of 2020 Joseph Munga Githunguri & Others vs. Stanley Munga Githunguri pending the hearing and determination of the appeal herein.

   c. That the costs of this application be provided for.

2. The application is brought under Rule 5(2) (b) of the Court of Appeal Rules (this Court’s Rules) and is premised inter alia on the grounds that: on 4th June 2021, the High Court found the applicant to be in contempt of court in the absence of an application or charge against the applicant in that regard; that the Court further directed the applicant to appear before…