RULING OF THE COURT
On the 5th of March, 2009, M/S. Chevron Kenya Ltd (formerly Caltex Oil (Kenya) Ltd) (hereinafter “the applicants”) were ordered by the superior court (Khaminwa, J.) to deposit a sum of Kshs. 44,100,000/= by way of security against any judgment that may be made in favour of M/S. Kanyotta Holdings Ltd (hereinafter “the Respondents”). The said sum was to be deposited within 45 days of the order. The applicants were dissatisfied with the order and have sought to challenge it in Civil Appeal NO. 59 of 2009 which has already been filed. In the meantime the applicants come before us under rule 5 (2) (b) of the rules of this Court for the following substantive orders: -
“3. THAT there be stay of execution of the ruling and orders of the Hon. Lady Justice J. Khaminwa delivered on 5th March, 2009 at the High Court of Kenya at the Commercial and Tax Division-Milimani in civil Case No. 402 of 2008 pending the lodging, hearing and determination of the intended appeal.
4. THAT in t…