1. I have considered the Application dated 24 May 2024 together with the affidavit filed in support of even date and the replying affidavit sworn in opposition to the same.
2. The applicant seeks to review the orders of this court, and in particular, the order directing it to deposit security in court as a condition for stay. The applicant seeks a review of the said order, allowing it to provide a bank guarantee as security rather, than depositing the sum of Kshs 950,000 in court.
3. In opposition to the application, the respondent submitted that a bank guarantee is not a suitable security because there could be challenges realizing the same.
4. Based on the record, this court issued a stay based on conditions on 25th April, 2024. The conditions have not been complied with to date and the stay has accordingly lapsed.
5. The orders which are the subject matter of the application are discretionary, and I do not think the sum the applicant was required to deposit is inordinately high.
6. Moreover, I do not think that the applicant has established that it will suffer substantial loss in the event the orders are not granted.
7. In the circumstances, in the absence of any compelling reasons to do so, I decline to review my orders issued on 25 April 2024.
8. The application is dismissed with costs.
9. Mention before the DR to follow up on processing the appeal on 12 November 2024