Ruling
Before this court is a notice of motion dated November 21, 2022 brought pursuant to articles 156(4) & (6), 159(2), and 164(3) of the Constitution, Sections 3A and 38 of the Appellate Jurisdiction Act, and rules 5(2)(b) and 47 of the Court of Appeal Rules, 2010. In the application, the 1st applicant, P Girls Secondary School, and the 2nd applicant, Samwel Chepchieng, mainly seek to stay the execution of the judgment of the Chief Magistrate’s Court in Eldoret CMCC No 733 of 2016 delivered on May 24, 2019 pending the hearing and determination of their intended appeal. The application is opposed by the respondent, ACY (Suing through her mother and next friend Getruth Toroitich).
The application is premised on the grounds enumerated in the application and the affidavit of Lona Jemutai Tanui sworn on November 21, 2022. It is the applicants’ case that by virtue of rule 5(2)(b) of the Court of Appeal Rules, this court is endowed with unfettered discretion to entertain this application an…