JULIUS OTIENO POLO & ANOTHER
V.
DIRECTOR OF PUBLIC PROSECUTIONS & 7 OTHERS

RULING OF THE COURT

1. This application by the applicants is brought under sections 3A and 3B of the Appellate Jurisdiction Act and rule 5(2) of the Court of Appeal Rules. The applicants seek the following orders:-

“(1) ....

(2) THAT pending the hearing and determination of this application inter partes this Honourable Court be pleased to suspend, vary and/or stay the execution of the orders issued in the Judgment delivered on 23^rd February, 2017 dismissing the applicants petition in Kisumu Petition No. 15 of 2014.

(3) THAT pending the hearing and determination of this appeal this Honourable Court be pleased to suspend, vary and/or stay the orders issued in the judgment delivered on 23^rd February, 2017 dismissing the applicants petition in Kisumu No. 15 of 2014.

(4) THAT this Honourable court be pleased to order stay of taking of plea by the applicants in Kisumu Chief Magistrates Court Criminal Case No. 5 of 2014 REPUBLIC VERSUS RAPHAEL NJIRA and 7 OTHERS.”

2. The background to the applicat…