RULING OF THE COURT
1. The applicant, Wensley Barasa, seeks an order of this Court under rule 5(2)(b) of the Rules of the Court to stay execution of an eviction order issued by the High Court at Bungoma on 28th October 2015 in HCCC No. 93 of 2011 in favour of the respondent. The court in that suit gave judgment in favour of the respondent and granted the applicant 60 days to remove any structures on the property known as Title Number E. Bukusu/S. Kanduyi/5778 with liberty to the respondent to demolish the same if not removed within the 60 days period. Aggrieved by that judgment, the applicant filed a notice of appeal and thereafter filed the present application seeking stay of execution pending the hearing and determination of the appeal.
2. The object of rule 5(2)(b) of the Rules of this Court is the “preservation of the subject matter of the appeal in order to ensure the just and effective determination of appeals” [per Githinji JA, in Equity Bank Limited v. West Link Mbo Limited Civi…