Clement Kungu Waibara & 2 others v Benard Chege Mburu [2011] KECA 153 (KLR)
- Court
- Court of Appeal
- Case number
- 153
- Citation
- [2011] KECA 153 (KLR)
- Decided
- 8 September 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution pending the hearing of the appealCoramR.S.C. OMOLO, D. K. S. AGANYANYA, ALNASHIR VISRAM
Holding
The Court allows the application and orders a stay of execution of the judgment and decree of Ochieng, J. dated 26th August, 2011 for a period of two (2) months from today, within which time the intended appeal shall be filed, heard and determined.
Facts
The applicants are Clement Kungu Waibara, Charles Mararo Njoroge, and the Interim Independent Electoral Commission. The respondent is Benard Chege Mburu. The application seeks a stay of execution of the judgment and decree of Ochieng, J. dated 26th August, 2011 in H.C. Election Petition No. 24 of 2008.
Issues
- Whether the intended appeal is arguable.
- Whether the orders sought in the application should be granted.
Reasoning
The Court is persuaded that the intended appeal is arguable and will be rendered nugatory if the orders sought in the application are not granted.
Outcome
The application is allowed.
Orders
- Stay of execution of the judgment and decree of Ochieng, J. dated 26th August, 2011 for a period of two (2) months from today.
- The intended appeal shall be filed, heard and determined within the said two months.
Remedies
- Stay of execution of the judgment and decree of Ochieng, J. dated 26th August, 2011 for a period of two (2) months from today.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…