RULING OF THE COURT
Before Court is a Notice of Motion brought under Sections 3A and 3B of the Appellate Jurisdiction Act; Cap 9 Laws of Kenya Rules 5(2) (a) and Rules 42 and 47 of the Court of Appeal Rules. Initially four (4) reliefs were sought from court. Prayer 1 and 2 are however spent. Prayers 3 and 4 read as follows:-
“3. There be a stay of execution of the judgment delivered by Lady Justice Mary Kasango on 25th February, 2016 and in particular the following be granted pending the hearing and determination of the intended appeal.
(a) A stay of proceedings in Nanyuki Criminal Case Number 85 of 2012, Republic versus Sgt. Catherine Elizabeth Russel.
(b) A suspension of the warrant of arrest issued against the applicant in Nanyuki Criminal Case Number 85 of 2012 Republic versus Sgt. Catherine Elizabeth Russel.
(c) A stay of the order made in Nanyuki Criminal Case Number 85 of 2012, Republic versus Sgt. Catherine Elizabeth Russel requiring Alfred Kamansi, the surety to produce Sgt. Cathe…