RULING OF THE COURT
This is an application brought pursuant to Rule 5(2) (b) of the Court of appeal Rules, 2010 seeking two main orders: stay of the decree of Mativo J pending the hearing and determination of the intended appeal; and stay of further proceedings in High Court Petition No.103 of 2017 (‘the petition’) pending the hearing and determination of the intended appeal.
To set the stage for the application, the facts are as recounted hereunder. On 19th November, 2011 the Anti-Counterfeit Agency (‘the applicant’) seized a consignment of Brand Safety Matches from Barloworld Limited (‘the 1st respondent’) valued at over Kshs.6,000,000/= from its premises at Kijabe Street, Nairobi. The consignment had been imported from India for distribution and Sale in Kenya. The seizure was on the grounds that the consignment was made up of counterfeit goods.
The 1st respondent and is director, George Ngugi Wambui, were subsequently charged at the Chief Magistrate’s Court at Nairobi on two counts: h…