RULING OF THE COURT
Background:
[1] The matter before this Court is an application for stay of execution and any proceedings predicated on Rule 5(2)(b) of the Court of Appeal rules seeking orders: of a stay of execution and of any further proceedings arising out of the decisions of Chemitei, J. delivered on 31st October 2016 and 14th February, 2017.
[2] The application is founded on the grounds set out on the face thereof and also on the averments deponed in the supporting affidavit of Andrew Kiplagat Chemaringo, (the applicant). The Applicant applied for and was appointed to the position of Chief of Sengwer Location. Paul Kipkorir Kibet (the respondent) filed a petition before the High Court, Petition No. 18 of 2015, challenging the applicant’s appointment primarily arguing that the applicant had failed to meet one of the qualifications stipulated for the appointment of the Chief’s position. The respondent therefore sought that the applicant’s appointment be quashed.
[3] The learned Judg…