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…The costs being sought were for work done in the Court of Appeal ii.…

…The bill of costs dated 5th October 2021 should have been filed in the court of appeal for taxation by the deputy registrar of that court as per the third schedule of the court of appeal rules 2022 iii.…

…Subsequently, he returned to the Court of Appeal and lodged a notice of withdrawal of the earlier stay application, but the withdrawal has not yet been adopted or recorded by the Court of Appeal. 3.…

…the application at the Court of Appeal remains unadopted.…

…The application is brought under section 75 of the Civil Procedure Act, Order 43 rule 1 of the Civil Procedure Rules together with Rule 39 of the Court of Appeal Rules, 2010. 3.…

…of Appeal. 6.…

…of Appeal against an award except in circumstances set out in section 39 of the Arbitration Act.” 6.…

…affect the rights of one or more of the parties, grants leave to appeal, and on such appeal the Court of Appeal may exercise any of the powers which the High Court could have exercised under subsection (2).…

…It is undisputed that the applicants have filed both a Notice of Appeal and an application for stay under Rule 5(2)(b) of the Court of Appeal Rules in CACA No. E466 of 2025.…

…In Attorney General V Kazungu, [2023] KECA 498 (KLR), the Court of Appeal offered clarity on when it becomes seized of a matter.…

…I am of the view that the principle articulated by the Court of Appeal in the former case equally applies to this case. 5.…

…As guided by the Court of Appeal, the judgment dated 6th September 2024 constitutes a negative order, as it did not require any party to take a positive step but merely denied the relief sought.…

…They however urged that this court should hold its horses and allow the Court of Appeal to make its determination.…

…Subsequently, an appeal was filed at the Court of Appeal being E615/2023. There appears to have been only one [1] court appearance before the Court of Appeal, on 27/12/2023.…

…It is undisputed that the applicants have filed both a Notice of Appeal and an application for stay under Rule 5(2)(b) of the Court of Appeal Rules in CACA No. E466 of 2025.…

…In Attorney General v Kazungu [2023] KECA 498 (KLR), the Court of Appeal offered clarity on when it becomes seized of a matter.…

…Additionally, it is not in dispute that the applicant has filed an appeal in the Court of Appeal, being Civil Appeal No. E055 of 2025, involving the same parties and subject matter.…

…The Court of Appeal in Multichoice (Kenya) Ltd V Wananchi Group (Kenya) Limited & 2 Others, [2020] eKLR held: “It is now an accepted view that both the Civil Procedure Rules and the Court of Appeal Rules did not contemplate…

…The PO further questioned the jurisdiction of this Court to hear the application by the 1st applicant before the Court of Appeal had pronounced itself on the issue of the 2nd respondent. 3.…

…I note that this court delivered a ruling on 16th February 2021 which the respondent lodged an appeal against in the Court of Appeal. 9.…

…(See for instance the Court of Appeal decision in Independent Electoral & Boundaries Commission V Maina Kiai & 5 Others, (2017) eKLR).…

…of Appeal. 15.…

…For the avoidance of doubt there were no stay of proceedings orders in place as yet, as the same were the subject of the hearing at the Court of Appeal.…

…A mention date was taken on 18th December 2023 by consent, to allow time for the ruling by the Court of Appeal to be delivered. 19.…

…In addition, the Court of Appeal in Absalom Dova vs.…

…in the Court of Appeal.…

…or Court of Appeal against an award except in circumstances set out in section 39 of the Arbitration Act.” 24.…

…of leave, which leave ought to be sought and obtained from the Court of Appeal. 31.…

…Additionally, it is not in dispute that the applicant has filed an appeal in the Court of Appeal, being Civil Appeal No. E055 of 2025, involving the same parties and subject matter.…

…The Court of Appeal in Multichoice (Kenya) Ltd V Wananchi Group (Kenya) Limited & 2 Others, [2020] eKLR held: “It is now an accepted view that both the Civil Procedure Rules and the Court of Appeal Rules did not contemplate…

…Furthermore, contrary to Rule 82 of the Court of Appeal Rules, which requires the appeal to be filed within 60 days, no such appeal has been served on the plaintiff to date. Analysis and Determination 9.…

…Specifically, there is an email dated 20th February 2020, which confirms the directions issued by the Court of Appeal regarding submissions.…

…Having complied with the security condition imposed by the Court of Appeal, the Respondents secured a stay of execution of that ruling. 4.…

…It is important to note that the Court of Appeal did not determine the prayer on its merits. 8.…

…That particular application primarily seeks to stay the proceedings relating to the taxation of costs, pending the hearing and determination of an appeal lodged at the Court of Appeal. 2.…

…I have also reviewed the binding decisions of the Court of Appeal in Sharma v. Uhuru Highway Development Ltd [2001] 2 EA 531 and C.B. Gor & Gor v.…

…As such, in exceptional circumstances, the Court of Appeal ought to have residual jurisdiction to enquire into such unfairness.” 8.…

…I take the view that if the Court of Appeal, a superior court, retains residual jurisdiction to correct an unjust High Court determination on an arbitration matter, it would be incongruous to hold that this Court cannot review…

…This jurisdiction does not extend to supervising or enforcing orders of the Court of Appeal.…

…of Appeal.…