RULING OF THE COURT
Although the record of the application before us is voluminous as it runs into about 1000 pages and all counsel for the parties addressed us at length on it, it is really a straightforward application and the principles upon which it ought to be considered are well settled. It is a notice of motion taken out under rule 5 (2) (b) of the rules of this Court seeking stay of an order made by the superior court on the 18th May, 2007. The applicants allege that the order was patently illegal and that the ensuing consequences are grave and prejudicial to them.
Perhaps the viguor and anxiety with which counsel argued the matter is understandable. At the centre of the dispute is a fairly well established church organization with numerous worshippers who profess the Christian religion. But for some time now, at any rate since 2003, the church has experienced what learned counsel for the applicants Mr. Mutula Kilonzo Jr. refers to as “wrangles that arise in the cause of human i…