Following judgment delivered in this matter on 31.05.2023 the Applicant has evinced its intention to appeal against the judgment. It has filed an application dated 09.06.2023 seeking stay of execution and collection of taxes pending hearing and determination of the appeal.
I have considered the submission 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 hearing and determination of the intended appeal to the Court of Appeal on the conditions hereunder.
2. The Applicant shall pay to Respondent Kshs. 100,000,000.00 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 14th day of JUNE 2023
D. S. MAJANJA
JUDGE