FREDRICK OTIENO OUTA
V.
JARED ODOYO OKELLO & 3 ORS

R U L I N G

A. INTRODUCTION

[1] This is an application by way of Notice of Motion under certificate of urgency seeking orders that:

there be stay of execution of the whole judgment/orders of the Court of Appeal sitting at Kisumu (Waki, Maraga and Ole Kantai JJA) dated 28^th March 2014, in Kisumu Civil Appeal No. 46 of 2013, pending the hearing and determination of the appeal;

the 2^nd respondent herein be stopped from certifying the seat of Member of Parliament for Nyando Constituency vacant pending the hearing and determination of the appeal;

the Speaker of the National Assembly of the Republic of Kenya or any other person for that matter, be stopped from issuing writs to the 2^nd respondent, pending the hearing and determination of the appeal;

the 2^nd respondent be stopped from announcing and/or conducting elections for Nyando Constituency, pending the hearing and determination of the appeal; and

the costs of, and incidental to the application abide the result of the appeal.

[2] The applicant …