REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA

CIVIL APPEALS NOS. 64 AND 68 OF 2019 (CONSOLIDATED)

1. ANTI-COUNTERFEIT AGENCY

2. CROWN PAINTS..............................................................................APPELLANTS

VERSUS

PETER MBARIA KARIUKI.......................................................1ST RESPONDENT
THE ATTORNEY GENERAL...................................................2ND RESPONDENT

THE INSPECTOR-GENERAL OF
THE NATIONAL POLICE SERVICE......................................3RD RESPONDENT
ANTI-COUNTERFEIT AGENCY.............................................4TH RESPONDENT

(Being an appeal from the judgment and decree of the Hon. H. Wandere Senior Principal Magistrate (SPM), in Kakamega CMCCC No. 264 of 2016 of 11th June 2019)

RULING

1. The appeals herein arose from a judgment that was delivered in Kakamega CMCCC No. 264 of 2016, a suit for malicious prosecution, where the trial court awarded general damages of Kshs. 3,000,000.00 and special damages of Kshs. 120,000.00, plus costs. They said appeals were consolidated on 27th June 2019.

2. The Motions, dated 14th and 20th June 2019, are for stay of execution of the said judgment and decree pending the hearing and determination of the instant appeal. The appellants argue that they have arguable appeals on merits, and failure to grant the stay sought could render their appeals academic.

3. The applications are opposed, there are grounds of opposition and a replying affidavit filed by the first respondent. He argues that the application are misconceived, do not raise triable issues, are not supported by evidence, are meant to deny him the fruits of his labour and costs have not yet been taxed.

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