KITHURE KINDIKI & OMWANZA OMBATI T/A KITHURE KINDIKI ADVOCATES
V.
MANSON OYONGO NYAMWEYA

RULING OF THE COURT

[1] This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (Rules) for an order that the execution of the ruling and order of the High Court at Kisii, (W.A. Okwany, J.) dated 28^th February, 2018 be stayed pending the hearing and determination of the intended appeal or until further orders of the Court.

[2] The applicants are advocates of the High Court trading as Kithure Kindiki and Associates who successfully represented the respondent in Kisii Election Petition No. 3 of 2008 – Manson Oyongo Nyamweya and 2 others [2009] eKLR. Upon allowing the petition, the Election Court ordered the Returning Officer and the Interim Independent Electoral Commission of Kenya (Electoral Commission), the 2^nd and 3^rd respondents in the petition to pay the petitioners and the 1^st respondent costs and certified costs for two counsel in respect of the petitioner.

Subsequently, the party and party costs were taxed at Shs. 7,554,331/= and the client’s advocates costs at Shs…