RULING
I. INTRODUCTION
[1] The High Court decision in Nakuru HCCC No. 14 of 2004 was overturned by the Court of Appeal in Civil Appeal No. 1229 of 2006, on 9th August, 2012; but the Court of Appeal then granted the applicants leave to appeal further to the Supreme Court. An applicant, the Board of Governors of Moi High School, Kabarak thereafter came before this Court under certificate of urgency, in prayer for stay of execution of the Court of Appeal decision, pending hearing of their appeal.
[2] However, rather than proceed to the merits of the prayer for stay of execution, the Court, by its two-Judge Bench, had to consider a preliminary objection.
II THE INTERLOCUTORY APPLICATION IN THE SUPREME COURT
[3] The applicant moved the Court on the basis of Articles 50(1), 163(3)(b) and 163(4)(b) of the Constitution, as well as sections 15(1) and 16(2)(a), (b) of the Supreme Court Act, 2011 (Act No. 7 of 2011) and Rule 30(2) of the Supreme Court Rules, 2012 and the inherent powers of the Court.
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