1. I have considered the application dated 27/11/24 and the submissions by the parties thereof.
2. I make the following orders thereon pursuant to Order 42 Rule 6 of
the Civil Procedure Rules, as the only outstanding or contested issue is the security to be furnished:
1. There shall be a stay of execution of the judgment and decree in Kisumu CMCC No. 465 of 2017 pending the hearing and determination of the instant appeal on the condition that the Appellants deposit the decretal sum of Kshs.6,613,578.80/= in a joint interest earning account in the law firm’s names within 45 days from the date hereof.
2. The Appellants to file and serve the record of appeal within 45 days.
3. In default of (1) above, the order of stay shall stand vacated.
4. Mention for further directions on 22nd April, 2025.
Delivered, signed and dated at Kisumu this 12th day of February, 2025.
J. M. OMIDO
JUDGE