In the application dated 24.05.2023 the Respondent seek extension of the stay of execution pending appeal issued by this court on 19.05.2023 which has lapsed as it was in force for one year unless extended by this court or the Court of Appeal.
I have considered the arguments by the parties and I allow the application on the following terms:
1. The order of stay of execution pending appeal issued on 19.05.2023 is reinstated and extended on condition that the Defendant shall file its Record of Appeal in the Court of Appeal within 30 days from the date hereof in default of which the order of stay shall lapse without any application.
2. Cost of the application in the appeal.
DATED and DELIVERED at NAIROBI this 26th day of MAY 2023
D. S. MAJANJA
JUDGE