Clement Kungu Waibara & 2 others v Benard Chege Mburu [2011] KECA 153 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OMOLO, AGANYANYA & VISRAM, JJ.A.)

CIVIL APPLICATION NO. NAI 212 OF 2011 (UR 137/2011)

BETWEEN

1. CLEMENT KUNGU WAIBARA

2. CHARLES MARARO NJOROGE

3. THE INTERIM INDEPENDENTELECTORAL COMMISSION...APPLICANTS

AND

BENARD CHEGE MBURU..............................................................RESPONDENT

(Application for stay of execution pending the hearing of the appeal from the judgment of the High Court of Kenya at Nairobi (Ochieng, J.) dated 26th August, 2011

H.C. Election Petition No. 24 of 2008)

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RULING OF THE COURT

Having read the record before us, and having heard arguments by counsel for all the parties, we are persuaded that the intended appeal herein is arguable, and indeed will be rendered nugatory if the orders sought in the application before us are not granted.

Accordingly, we allow the application and order stay of execution of the judgment and decree of Ochieng, J. dated 26th August, 2011 for a period of two (2) months from today, within which time the intended appeal shall be filed, heard and determined.

This order, unless otherwise extended by the Court, shall automatically lapse at the end of the said two months.

This ruling is delivered on the assumption that the Certificate pursuant to Section 30(1) of the National Assembly & Presidential Elections Act has not been signed and served upon the Speaker of the National Assembly as at 12. 00 noon today, 8th September, 2011.

Dated and delivered at Nairobi this 8th day of September, 2011

R.S.C. OMOLO

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JUDGE OF APPEAL

D. K. S. AGANYANYA

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JUDGE OF APPEAL

ALNASHIR VISRAM

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JUDGE OF APPEAL

I certify that this is atrue copy of the original.

DEPUTY REGISTRAR