RULING OF TUNOI, J.A.
Before us is a notice of motion brought pursuant to rule 5(2) (b) of the Court of Appeal Rules (the Rules) seeking an order for a stay of proceedings in a criminal prosecution against the applicant, George Wambua, in the Senior Principal Magistrate’s Court at Kibera, Nairobi, pending the hearing and determination of an appeal from a judgment of the superior court (Nyamu, J) which dismissed a judicial review application by the applicant for orders of certiorari and prohibition. The orders sought in that court were:-
(a) An order of certiorari to remove into the court and quash the decision of the 1st and 3rd respondents dated the 1st August 2006 purporting to charge the applicant with the offence of abuse of office contrary to section 46 of the Anti Corruption and Economic Crimes Act; and
(b)An order of prohibition to prohibit the 2nd respondent from taking evidence or in any other manner conducting proceedings in the matters the subject of Criminal Case No. 4271 of …