RULING OF THE COURT
[1] UPON reading the Notice of Motion dated 28th March, 2024 and filed on 2nd April, 2024 brought pursuant to Sections 23A and 24 of the Supreme Court Act and Rules 31 the Supreme Court Rules, 2020 seeking conservatory orders staying execution of the judgment and order of the Court of Appeal delivered on 22nd March, 2024 in Election Petition Appeal No. E002 of 2023 (Mombasa) Josephine Wairimu Kinyanjui & 4 others vs. Mary Charles Kalinga & others, pending the hearing and determination of the intended appeal; and that costs of the application abide the result of the appeal; and
[2] UPON considering the grounds on the face of the application, supporting affidavit sworn by Rachael Katumbi Mutisya on 28th March, 2024 and submissions of even date filed on 2nd April, 2024, wherein it is contended that the Court of Appeal decision striking out the appeal for want of jurisdiction and declining to determine the substantive questions therein was contrary to Article 164(3)(a) …