RULING OF THE COURT
[1] Before us is an interlocutory application by way of a Notice of Motion which is principally brought under the provisions of Rule 5 (2) (b) of the Court of Appeal Rules amongst a host of other provisions of the law. Justus Kariuki Mate and Jim G. Kauma, the 1st and 2nd applicants respectively seek for orders inter alia of stay of execution and/citing for contempt of court for disobedience of the order of the High Court made on 23rd January, 2014, in Embu High Court Petition No 1 of 2014, Hon. Martin Nyaga Wambora and Another v. The Speaker County Assembly of Embu, and Another pending the hearing and determination of the intended appeal.
[2] As aforestated these orders are sought under Rule 5(2) (b) of the rules of this Court and the principles that guide the Court in considering such applications are now well settled. The applicant in order to succeed must satisfy the court that the appeal or intended appeal is an arguable one, that is, it is not a frivolous appea…