NATION MEDIA GROUP LTD & ANOTHER
V.
CHIRAU ALI MWAKWERE

RULING OF THE COURT

By this motion expressed to be brought under rule 5(2) (b) of the Rules of this Court the applicants seek an order of stay of execution of the judgment and the decree of the High Court at Nairobi (Khamoni, J) delivered on 8^th May 2009 pending the hearing and determination of an intended appeal.

The 1^st applicant is the publisher and the proprietor of the popular newspapers, the Daily Nation and the Sunday Nation, both published in Nairobi. The 2^nd applicant was at the material time the editorial director of the two papers and an employee of the 1^st applicant.

The respondent was at the material time a member of Parliament for Matuga constituency and a Minister in the Government of Kenya. By a judgment dated 8^th May 2009 the superior court found the applicants in the motion liable for the publication of defamatory material against the respondent on 15^th December 2003 and awarded him damages of Shs. 10,000,000 plus costs and interest.

Being aggrieved by the said decision …