I don’t think 5(2)(b) can be invoked to stay negative orders coz then what will you be staying? Like there’s nothing to stay. In my understanding of stay orders, they’re usually invoked when there is a positive executable order.
Just found a case to support my position🥳 Its the case of Mwanthii & 2 others v Mukami (Civil Appeal (Application) E124 of 2024) [2024] KECA 624 and the court held that a dismissal of an application is a negative order and there is nothing to stay. (The court also cited some other good cases emphasizing that position.)
I don’t think 5(2)(b) can be invoked to stay negative orders coz then what will you be staying? Like there’s nothing to stay. In my understanding of stay orders, they’re usually invoked when there is a positive executable order.
Just found a case to support my position🥳 Its the case of Mwanthii & 2 others v Mukami (Civil Appeal (Application) E124 of 2024) [2024] KECA 624 and the court held that a dismissal of an application is a negative order and there is nothing to stay. (The court also cited some other good cases emphasizing that position.)
Here: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/624/eng@2024-05-24
Incase kenyalaw misbehaves, I've downloaded it, so you can get it here - https://drive.google.com/file/d/1X_AQ2hT0m_dbMuimMlcw2aszSNYq3Q1Y/view?usp=drive_link
Me too😂 We'll shine!