1. I have considered the application dated 7th May 2024 seeking a stay of execution together with reply sworn in opposition to the same.
2. During the hearing of the application the respondent dropped of the call repeatedly, and the court could not, despite its efforts, complete the entire hearing with counsel present.
3. The court adjourned the hearing and resumed 15 minutes later to give counsel time to login on a different device. Despite doing so, counsel was still not audible.
4. Having made all efforts to hear the respondent to no avail. The court proceeded to hear the application. Upon considering the same, I hereby exercise my discretion and find it appropriate to grant a stay of execution pending the hearing and determination of the appeal on condition that the appellant deposits the sum of Kshs 350,000 in court within the next 30 days, failing which the same shall be discharged.
5. Mention before the DR on 4th December 2024 to follow up processing the appeal.