The Respondent's application dated 02.12.2022 is for stay of execution pending appeal from the judgment of this court delivered on 30.11.2022. Having considered the parties respective positions, I allow the application on the following terms:
1. There shall be a stay of execution and or enforcement of taxes following the judgment on terms that the Appellant shall pay the Respondent Kshs. 120,000,000.00 within 45 days from the date hereof.
2. In the event of default, the order shall stand discharged and the Appellant shall be at liberty to proceed with enforcement of taxes in accordance with the judgment.
3. The order of stay shall remain in force for a period of one year unless extended by this court or the Court of Appeal.
4. The costs of the application shall be in the appeal.
DATED and DELIVERED at NAIROBI this 9th day of DECEMBER 2022
D. S. MAJANJA
JUDGE