RULING
Before us is a motion dated 6th May 2021, brought under the provisions of Rule 5 (2) (b) of the Court of Appeal Rules in which The Federation of Kenya Employers (the applicant herein) seeks the following orders:
Spent.
THAT the Honourable Court be pleased to grant a stay of proceedings in Nairobi High Court Petition 505 of 2019 pending the hearing and determination of this application.
THAT the Honourable Court be pleased to grant a stay of proceedings in Nairobi High Court Petition 505 of 2019 pending the hearing and determination of an appeal from the ruling and order of Justice J.A Makau dated and delivered on 17th March 2021.
THAT the costs of this application be provided for.”
The motion is supported on the grounds on the face of the motion and an affidavit sworn by Jacqueline Mugo the Executive Director of the applicant who deposed inter alia that the respondent had filed a petition dated 16th December 2019, at the High Court seeking a declaration inter alia that the advertisem…