RULING
The Notice of Motion in Civil Application No. E365 of 2021 dated 25th October, 2021 came before us for hearing on the 1st day of November, 2021. It is brought under Article 164(3) of the Constitution of Kenya, sections 3, 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Court of Appeal Rules. It substantively seeks orders as follows: “c)That pending filing, hearing and determination of the intended appeal, this Honourable court be pleased to grant a conservatory order staying the execution of the judgment and orders of High Court in Nairobi Petition No. 206 of 2020 Katiba Institute vs. Attorney General & others. d)That costs of the application be in the cause.”
It is supported by grounds on its body, a supporting affidavit sworn by Kennedy Kihara, Principal Administrative Secretary in the Executive Office of the President together with annexures thereto and written submissions and legal authorities in support thereof dated 28th October, 2021. It has been oppose…