RULING OF THE COURT
This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (“the Rules”) for stay of execution pending the hearing and determination of an intended appeal.
The background to this application is briefly as follows:
Between the years 1995 and 1999 the applicant law firm acted as advocates for the respondents as well as for Stanbic Bank Kenya Ltd (“Stanbic”), and in that capacity drew documents and legal instruments that included a lease agreement, legal charge and debenture for Kshs.50 million. At some point, a dispute arose between the 1st respondent and its bankers, Stanbic, and the applicants chose to act for Stanbic, and issued a notice of appointment of a Receiver/Manager on behalf of Stanbic against the 1st respondent. This infuriated the respondents who then filed an action in the superior court at Milimani alleging breach of confidentiality and their contract of retainer with the applicant. The prayers sought by the respondents in that suit include…