RULING OF THE COURT
The County Secretary and the Chief Officer Finance/ County Treasurer of Nairobi City County are the applicants in a Notice of Motion application dated 7th February 2024 lodged in this Court, in which they seek an order for temporary stay of proceedings in Nairobi HCJR 123 of 2017, pending the hearing and determination of the intended appeal against a ruling delivered therein on 20th December 2023. This prayer is supported by an affidavit sworn on even date by Patrick Analo Akivaga, the Acting County Secretary of Nairobi City County who is the 1st applicant herein.
We shall briefly set out the context of the application, as gleaned from the pleadings. Prof Tom Ojienda, the respondent herein, filed an application dated 5th May 2021 in the High Court seeking to cite the then County Secretary of Nairobi City County, one Cyrus (Jairus) Musumba, and the Chief Officer, Finance, one Halakhe Waqo, for contempt. The High Court delivered a ruling on 10th March 2022 and cited th…