MARY WAMBUI MUNENE
V.
PETER GICHUKI KINGARA & 2 ORS

RULING

INTRODUCTION

[1] This is an Application dated 8^th April, 2014 by way of a Notice of Motion under certificate of urgency seeking orders from this Court to inter alia:

Restrain the 2^nd and 3^rdRespondents from conducting the By-election for the Member of the National Assembly for Othaya Constituency scheduled to take place on the 29^th day of April, 2014 pending the hearing and determination of the intended Appeal;

Grant an order of stay of execution on the whole judgment/orders of the Court of Appeal sitting at Nyeri dated 13^th February 2014 in Nyeri Civil Appeal No. 31 of 2013, pending the hearing and determination of an Appeal against the said judgment.

[2] The Applicant has filed a Petition dated 13^th February 2014seeking to set aside the whole judgement of the Court of Appeal in Civil Appeal No. 31 of 2013 at Nyeri.

[3] On 8^th April, 2014, Ibrahim SCJ, having heard Counsel Mr. Miller for the Applicant, certified the Application as urgent. The Hon. Judge directed the Applicant to ser…