RULING
A. INTRODUCTION
[1] This is a Notice of Motion application dated 17th October, 2016, filed under certificate of urgency, and it has an outstanding prayer for two Orders:
a. that, pending inter partes hearing, this Court stay the proceedings in criminal Case No. 122 of 2013, R. v. Wycliffe Oparanya Ambetsa before the Principal Magistrate’s Court at Butere;
b. that, the Order of stay of proceedings, or further proceedings in Butere Principal Magistrate’s Court Criminal Case No. 122 of 2013 be extended and/or remain in force after the inter parties hearing, until the final hearing and/or determination of Supreme Court Criminal Appeal No. 14 of 2016.
B. BACKGROUND
[2] The applicant is the Governor of Kakamega County. On 2nd May, 2013 he was charged before the Butere Principal Magistrate’s Court, in Criminal Case No. 122 of 2013, with the offence of assault causing actual bodily harm, contrary to Section 251 of the Penal Code. That offence was alleged to have been committed on 17th August…