RULING OF THE COURT
The applicant Prof. Njuguna S. Ndungu has by a notice of motion application dated 25th November 2014 moved this Court for various orders the most germane one being prayers 3 and 4 as follows;
“3. THAT conservatory orders do issue to the judgment delivered on 17.11.14 pending the hearing and determination of the appeal filed on 25.11.14 in Nairobi Civil Appeal No. 333 of 2014.
4. THAT, as the record of appeal is already filed, the hearing of the main appeal be proceeded to on a priority basis.”
The application is expressed as bought pursuant to Articles 20(3) and 23(3) of the Constitution, Section 3(2) and 3A of the Appellate Jurisdiction Act, Cap 9, Rules 5(2) (b) 42, 49(1) and 101 of the Court of Appeal Rules, “and all enabling provisions of established laws”, this is last phrase being in our view, no more than mere surplusage. The grounds on which it is premised are set out on the face of the motion as including;
“(c) THAT the main appeal is ready for full hearing at …