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University of Eldoret & Vice Chancellor, University of Eldoret v. Hosea Sitienei, Ezekiel Kiprop, Cabinet Secretary for Education Science and Technology & Attorney General

(2020) JELR 94714 (SC)

Supreme Court  •  Petition 33 of 2019  •  30 Apr 2020  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

RULING OF THE COURT

[1] We have two applications in this appeal. The first one dated 20th August 2019 and filed on 23rd August 2019 is by the Petitioners. It seeks a stay of execution of the judgment and decree of the Court of Appeal at Nakuru delivered on 18th October 2018. The second one is by the 1st and 2nd Respondents (the Respondents). It seeks the striking out of both the Notice and Record of this Appeal. We wish to start with the second application.

[2] This appeal is brought as of right under article 163(4)(a) of the Constitution. The Respondents’ said application to strike it out is premised on the ground that this Court lacks jurisdiction to entertain it. In the alternative, the Respondents seek an order that the Petitioners deposit security in the sum of Shs.29,886,063/= within such time as circumscribed by the court. The Respondents also seek that the costs of the appeal be borne by the Petitioners. The application is supported by an annexed affidavit of the 1st Respondent,…

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