RULING OF THE COURT
[1] This is an interlocutory application brought under Rule 5 (2) (b) of this Court’s Rules. Hassan Ahmed Hafedi Zubeidi (applicant) is principally seeking an order of stay of proceedings in Nairobi CMCC Nos. 1897 of 2015, 983 of 2018, 984 of 2018, 1652 of 2018 and 1109 of 2018 pending the hearing and determination of an intended appeal. The jurisdiction of this Court under the aforesaid Rule is circumscribed within two basic points that an applicant to succeed must satisfy;
i) That the appeal is arguable and not frivolous and
ii) That if the stay order sought is not granted the appeal will be rendered nugatory.
-See the case of Ismael Kagunji Thande v. Housing Finance Kenya Ltd - Civil Application No. Nai 157 of 2006 (unreported) where the principles to bring to bear on whether or not to grant an order of stay of execution were set out thus:-
“The jurisdiction of the Court under Rule 5 (2) (b) is not only original but also discretionary. Two principles guide the court …