RULING OF THE COURT
This is an application primarily under Rule 5 (2) (b) of the Court of Appeal Rules (the Rules) for stay of execution pending the hearing and determination of an intended appeal. The actual prayer is rather queerly worded as follows:-
“2. THAT the Honourable Court be pleased to grant a temporary stay of execution of the Judgment and Decree of the Honourable Ngugi J., Majanja J., and Odunga J. delivered on the 18th day of November 2011 in High Court Petition No. 146 of 2011 by restraining the Respondents by themselves or their agents, servants or howsoever from proceeding with vetting of Judges and Magistrates pending hearing and determination of the Applicant’s intended Appeal.”
If the prayer was simply for “stay of execution” we would have had no difficulty in rejecting the same on the grounds that the High Court’s decision, from which this intended appeal has been preferred, being a “negative order”, there was indeed nothing to stay. (See, for example, John Kipkemboi…