In the application dated 26.07.2023 the Respondent seeks an order of stay of proceedings pending appeal. The court may grant an order of stay of proceedings on such terms as deems fit. I have considered that bill of costs has been taxed on the one hand and on the other the Respondent is entitled to have its appeal heard.
The application is therefore allowed on terms that the Respondent shall deposit Kshs. 3,900.000.00 in a joint account of the advocates within 14 days failing which in court. In default the stay shall stand discharged. The stay shall remain in for one year unless extended by this court or by the Court of Appeal. Costs of the application shall be in the appeal.
DATED and DELIVERED at NAIROBI this 15th day of AUGUST 2023
D. S. MAJANJA
JUDGE