In the application dated 21.02.2023 the Appellant seeks to stay of proceedings following an order of the Subordinate Court dated 09.02.2023 directing the Police to impound the subject motor vehicle from the Appellant. It is this order that is subject of the appeal before this court. The order appealed from is a consequence of another order issued on 27.01.2023 which ordered released of the subject motor vehicle to the Respondent. The latter order has not been appealed against will remain in force. I therefore reject the application to stay proceedings as it will not serve any purpose since the order giving rise to the enforcement has not been appealed against and will remain in force even if this appeal succeeds. The application is dismissed with costs of Kshs.10,000.00.
Mention on 25.04.2023 before the DR for directions on the appeal.
DATED and DELIVERED at NAIROBI this 10th day of MARCH 2023
D. S. MAJANJA
JUDGE