RULING OF THE COURT
High Court Petition No. 37 of 2019 was set to be heard back to back with High Court Judicial Review Application No. 1 of 2019 on 9th March, 2020. However, before that date, on 6th March, 2020, the applicants’ counsel sought leave to rely on the decision of the Supreme Court in the case of Ethics and Anti- Corruption Commission v. Tom Ojienda, SC, t/a Prof. Tom Ojienda and Associates and 2 others; Law Society of Kenya (Amicus curiae) ,Supreme Court Civil Application No. 21 of 2019, where in granting the relief of stay of execution of the decision of this Court, the Supreme Court stated that;
“...the effect of the High Court and Court of Appeal decisions in this matter is hereby stayed. Neither party to this appeal, nor any other person shall use, apply or in any way rely upon them until the said appeal is heard and determined”.
It was counsel’s contention that by that decision, the Supreme Court apart from directing the 1st respondent or any person not to rely on the d…