RULING OF THE COURT
The motion dated 12th June 2017 seeks, by the relevant prayer 2, an order;
“2. That pending the lodging, hearing and determination of the applicant’s intended appeal from the judgment and decree of the High Court of Kenya at Nairobi dated the 6th June, 2017, there be a stay of execution and or the second respondent be restrained from entering into a contract with the fourth respondent pursuant to the first respondent’s decision in Review Application No. 98 of 2016 as regards TENDER NO. MOD/423 (01103) 2016/2017 concerning the supply of fresh meat (beef) on bone to Eldoret based units.”
It is based on the grounds appearing on its face which are that the applicant has an arguable appeal and that if a stay is not granted pending the lodging, hearing and determination of such appeal, the same may be rendered nugatory. This latter aspect is amplified at clause 4 of the grounds as follows;
“(a) The judgment and decree of the superior court will be effected and the decision o…