RULING
The applicant, Margaret Nyokabi Mbugua, is the legal representative of the estate of Samuel Mbugua Kibathi (deceased), who was the 2nd respondent in the appeal herein. For ease of reference in connection with the application before us, we shall refer to Coffee Board of Kenya and Kiambu County Council as the 1st and 2nd respondents respectively.
On July 29, 2010, the 2nd respondent, the County Council of Kiambu, obtained judgment against the 1st respondent, the Coffee Board of Kenya and the deceased, jointly and severally, in the High Court of Kenya at Nairobi Civil Suit No 186 of 2000 for a declaration that the 2nd respondent, and not the deceased, was the only lawful authority entitled to receive cess from the 1st respondent; an order that an account of all the moneys collected by the 1st respondent between 1997 and January 2000 be taken; that the 1st respondent be ordered to release all the money found due and owing to the 2nd respondent; that the sums due on taking of the acco…