RULING OF THE COURT
This Notice of Motion dated 24th July 2018 is made under Article 163(4) (b) of the Constitution following a decision of this Court (Waki, Nambuye and Kiage, JJA), delivered on 20th December, 2018. In the application, the applicant seeks for certification to appeal against the decision of this Court to the Supreme Court, and an order of stay of execution of the orders of this Court pending the hearing and determination of the application.
The motion was filed on grounds that the intended appeal to the Supreme Court raised a matter of general public importance that pertained to the fundamental rights of a person to a fair trial, the right to fair administrative action and access to justice; that the appeal would be rendered nugatory if the appellant was removed from the jurisdiction of the Court; that the appellant had an arguable appeal with a high chance of success and that in the interest of justice the orders sought ought to be granted.
The application was supported…