RULING OF THE COURT
On 20th December, 2011, this application by way of Notice of Motion dated 6th December, 2011 was placed before us for determination. The application was stated to have been brought under Rule 5(2)(b) and 47 of the Court of Appeal Rules. In the motion, the two applicants (The Attorney General – 1st applicant and Minister of State for Provincial Administration and Internal Security – 2nd applicant) sought the following orders:-
“1. That there be an interim order of stay of execution of the ruling pending hearing and determination of this application.
2. That pending the lodging, hearing and determination of the intended appeal herein there be a stay of execution of the ruling delivered by the Superior Court (Hon. Mr. Justice R.N.O. Ombija on 28th November, 2011 in Nairobi HCC Misc. Appl.No. 685 of 2010)
3. That pending the lodging, hearing and determination of intended appeal herein, there be a stay of proceedings in Nairobi HCC Misc. Appl. No. 685 of 2010 pursuant to th…