RULING OF THE COURT
The Commissioner of Insurance (1st applicant)The Ministry of Finance (2nd applicant) and the Attorney General (3rd Applicant) have moved this Court under rule 5(2)(b) of the Court of Appeal Rules, for an order of stay of the execution of the ruling and order of the superior court given on 18th December, 2007 in High Court Misc. Civil Case No. 1345 of 2005 (OS) . The ruling was delivered by the superior Court (Ang’awa J) in a constitutional application in which the respondents herein prayed for several declaratory orders pursuant to the provisions of sections 60(1), 65(2), 81(1), 84(1) and (6) and 123 (8) of the Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual Practice and Procedure) Rules 2001, O.XXXVI rule 12, O.XXXIX rules 1, 2, 3, 5 and 9 of the Civil Procedure Rules, section 10 (2) of The Insurance (Third Party Risks) Act, Cap 405 Laws of Kenya and Sections 67A, B, C and 203 of the Insurance Act Cap 487 of the Laws of Kenya.
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