RULING OF THE COURT
[1] By his Notice of Motion dated 15th July, 2016 and filed on 19th July, 2016, the Director of Public Prosecution (DPP or Applicant) seeks two principal reliefs expressed thus:
"2. That the decision by the High Court, Criminal Division - Milimani in Criminal Revision No. 232 of 2016 delivered on the 11th day of July, 2016, in which the court declined to revise Chief Magistrate's Court order granting the respondent bail be set aside and or stayed;
3. that an order of stay be granted pending hearing and determination of this application and the Appeal".
[2] The applicant has invoked Articles 1 (1), 159 and 164 (3) of the Constitution, section 3 of the Appellate Jurisdiction Act, Rule 1(2) of the Court of Appeal Rules and all enabling provisions of the law as the source of the law for this application.
[3] The matter arose this way. The respondent Nuseiba Mohammed Haji Osman alias Umm Fidaa alias Ummu Fidaa alias Ummulxarb ("hereinafter the respondent") is charged, jointl…