RULING OF THE COURT
Miscellaneous Civil Application No. 128 of 2003 involving Kenya African National Union (KANU), the Applicant herein, and five named Respondents is still pending for hearing in the High Court. Miss Kilonzo, learned counsel for the Applicant, informed us that the matter pending in the High Court is listed for hearing on 9th February, 2007. By their Ruling dated and delivered on 29th November, 2006, three Judges of the superior court (Nyamu, Mohamed Ibrahim and Emukule, JJ) refused the Applicant leave to file and rely on a supplementary affidavit and to amend its statement of facts in support of the application pending for hearing in the superior court. By its present motion brought before us under Rule 5(2)(b) of the Court’s Rules, the Applicant is asking us to stay any further proceedings in respect of the application in the superior court until its proposed appeal to this Court against the Ruling of 29th November, 2006 shall have been heard and determined. The Appli…