RULING OF THE COURT
This being an application under Rule 5 (2) (b) of the Court’s Rules, the applicant, the Tea Board of Kenya, was obliged to satisfy the Court on two points, namely,
(i) that it has an arguable appeal, i.e. one that is not frivolous;
(ii) that if we do not grant to it the order of stay of the orders made by Nambuye, J on 25th April, 2007, the applicant’s Civil Appeal No. 138 of 2007, were it to succeed in the end, would have been rendered nugatory by the Court’s refusal to grant an order of stay.
By her order made on 25th April, 2007, Nambuye, J ordered the applicant to pay to Gideon Asirigwa Mbagaya, the respondent herein, a total of Kshs.941,708/- which the learned Judge found to have been admitted by the applicant as being due to the respondent. The respondent had sued the applicant for a total of Kshs.1,684,400/-, apparently on the basis that the money was due to the respondent as sitting allowance, lunch allowance, accommodation and traveling allowances. The respond…