RULING OF THE COURT
This is an application under rule 5 (2) (b) of the Court of Appeal Rules for stay of proceedings before the superior court pending the hearing and determination of an intended appeal.
The appeal intended herein arises from the decision of the superior court (Ochieng, J) dated 8th December, 2010 whereby the superior court disallowed an application to substitute the petitioner in an election petition pending before it. By an application dated and filed in the superior court on 23rd September, 2010, one Patrick Muiruri applied to the superior court to be substituted as the petitioner, in place of Benard Chege Mburu, in Election Petition No. 24 of 2008 on several grounds including the petitioner’s alleged lack of interest in the petition, and the possibility that he was “compromised” and could deliberately cause the petition to be dismissed. After hearing all the parties, the learned Judge came to the conclusion that the current petitioner, Bernard Chege Mburu, had made …