Moi University v Violet Ombaka Otieno & 12 others [2020] KECA 455 (KLR)
- Court
- Court of Appeal
- Case number
- 455
- Citation
- [2020] KECA 455 (KLR)
- Decided
- 7 August 2020
The application is allowed as the applicant has demonstrated both prerequisites and the intended appeal would be rendered nugatory if the stay order is not granted.
Facts
Respondents were scheduled to graduate during the 38th Graduation ceremony of Moi University. Their marks for Editing and Publishing skills unit were missing, and they filed a Constitutional Petition claiming their constitutional rights to equality and equal treatment were violated.
Issues
- Whether the applicant has brought itself within the ambit of the twin prerequisites for the grant of a stay order under Rule 5 (2) (b) of the Court's Rules.
- Whether the intended appeal would be rendered nugatory if the stay order sought is not granted.
Reasoning
The court applied the principles that an appeal is arguable and not frivolous, and that the success of the appeal would be rendered nugatory if the stay order is not granted. The court found that the applicant has demonstrated both prerequisites and that the intended appeal would be rendered nugatory if the stay order is not granted.
Outcome
The application is allowed.
Orders
- The appeal (if not already filed) be filed within 60 days from the date hereof, and it be fast tracked for hearing and disposal.
Remedies
- The costs of the application shall abide the outcome of the appeal.
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