RULING OF THE COURT
The applicant, SUSAN MBOO NG’ANG’A filed a Notice of motion dated 13th August, 2015 premised under Rules 5(2)(b) and 47(1) of this Court’s Rules. In the main, she sought an order of stay of execution of the orders of the judgment and decree in Nyeri High Court Constitutional Petition No. 5 of 2015. The Attorney General (sued on behalf of the Chief Magistrates Court, Nyeri Law Courts); the Director of Public Prosecutions and the Ethics and Anti-Corruption Commission, were named as the 1st, 2nd and 3rd respondents respectively.
The background to the motion is that on 21st August, 2009 the applicant was arrested by the 3rd respondent’s officers and subsequently arraigned in court on two counts. In Count 1, she was charged with the offence of corruptly soliciting for a benefit contrary to section 39(3)(a) as read with section 48(1) of the Anti-corruption and Economic Crimes Act and in Count II she was charged with the offence of corruptly receiving a benefit contrary to …