RULING OF THE COURT
This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (“the Rules”) for stay of execution pending the hearing and determination of the appeal filed herein.
The application, which is supported by the affidavit of Grace Murichu, a Deputy Commissioner in the Procurement and Supplies Division of the Applicant, is based on the following grounds:
“1. THAT the applicant is aggrieved by the said decision of Hon. Justice Nyamu delivered on the 18th December, 2008 in the superior court and has appealed against the said decision to the Court of Appeal.
2. THAT the appeal raises arguable points of law and has high prospects of success.
3. THAT unless this Honourable Court grants a stay of execution of the orders issued in High Court Miscellaneous Civil Application No. 540 of 2008, the pending appeal will be rendered nugatory.
4. THAT the 1st respondent has threatened to institute contempt proceedings against the applicant unless it complies with the said orders.
5.…