RULING OF THE COURT
The motion dated 28th November 2019 filed by the applicants seeks an order that is curiously, if cleverly, crafted;
“That pending lodging, hearing and determination of the appeal in the Court of Appeal an order do issue staying the execution of the consequential decree dated 18/09/2019 arising out of the ruling delivered on the 22/11/2019 by justice Ombwayo in Kisumu ELC No. 806/2015.” (Our emphasis)
We say it is all curious and clever because the prayer is for the stay of “a consequential decree” which is expressed as having arisen out of a ruling delivered on a date later than the decree in question. As will be shown later in this ruling, the exact terminology employed is calculated to side-step some fatal errors and omissions on the applicants’ part.
As the application before us seeks this Court’s discretionary intervention under Rule 5(2)(b)by way of stay of execution pending appeal, the central document whence flows our jurisdiction is a notice of appeal. Such not…