Following judgment delivered in this matter on 31.05.2023 allowing the appeal, the Respondent has evinced its intention to appeal. It has filed an application dated 02.06.2023 seeking stay of execution and collection of taxes pending appeal.
I have considered the submissions by counsel and in order to balance the right of the parties; The right of the Appellant to the fruits of the judgment and the right of the Respondent to pursue its appeal without fear that it will be rendered nugatory, I order as follows:
1. There shall be stay of execution or collection of taxes pending the intended appeal to the Court of Appeal on the conditions hereunder.
2. The Respondent shall pay to Appellant the Kshs. 200,000,000.00 within 30 days from the date hereof in default, the stay shall stand discharged.
3. The stay orders shall remain in force for one year unless extended by this court or the Court of Appeal.
4. The costs of the application shall be costs in the appeal.
DATED and DELIVERED at NAIROBI this 12th day of JUNE 2023
D. S. MAJANJA
JUDGE