COUNTY GOVERNMENT OF MOMBASA
V.
BLUESHIELD INSURANCE COMPANY

RULING OF THE COURT

1. UPON perusing the Notice of Motion dated 8^th June, 2020 by the applicant, County Government of Mombasa, brought under Rule 5(2)(b) of the Court’s Rules, where the applicant seeks, inter alia, a stay of execution of the Ruling of the High Court of Kenya at Mombasa dated 2^nd August, 2019 in High Court Civil Application No. 796 of 2004 pending the hearing and determination of an intended appeal; and

2. UPON perusing the affidavit of Jimmy Waliaula, the Director of Legal Services of the County Government of Mombasa sworn on 8^th June, 2020 in support of the application; and

3. NOTING that the respondent did not file a replying affidavit and/or submissions in opposition to the motion; and

4. UPON perusing the motion dated 8^th June, 2020 and the affidavit in support thereof wherein the applicant contends that it has an arguable appeal in that it seeks to contest whether the applicant, being a government entity can be a subject of garnishee proceedings and further that the …