Omar Awadh Omar & 6 others V Attorney General, Republic of Kenya & 2 others [2012] RC 5 (KLR)

Facts

The applicants are seeking a stay of further proceedings pending an intended appeal against the court's decision that Reference No. 4 of 2011 is not time-barred. The 1st Respondent's counsel was aware of the hearing but did not inform the applicants' counsel of the intended prayer for stay.

Issues

1. Whether the intended appeal has a chance of success.
2. Whether the stay of proceedings is prejudicial to the applicants' case.
3. Whether the court has the authority to grant the stay of proceedings in a pending appeal.

Reasoning

The court has discretion to hear an oral application for stay of proceedings for sufficient cause. The court agrees with the applicants that the counsel for the respondent should have indicated the intention to ask for stay of proceedings. The court does not go into the merits of the pending appeal as that is the sole domain of the Appellate Division.

Outcome

The court grants the application and stays any further proceedings until the determination of the intended appeal.