IN THE COURT OF APPEAL
AT NAIROBI

(CORAM: WAKI, MUSINGA & GATEMBU, JJA)

CIVIL APPLICATION NO. 127 OF 2019
IN THE MATTER OF AN INTENDED APPEAL

BETWEEN

ANTI-COUNTERFEIT AUTHORITY..................................APPLICANT

AND

FRANCIS JOHN WANYANGE...................................1ST RESPONDENT
ROBERT PAUL GACHOKA WANYANGE.............2ND RESPONDENT
THE DIRECTOR OF PUBLIC
PROSECUTIONS........................................................3RD RESPONDENT
THE INSPECTOR GENERAL OF POLICE............4TH RESPONDENT
THE OCS INDUSTRIAL AREA
POLICE STATION.....................................................5TH RESPONDENT

(Application for stay of execution of the judgment of the High Court of Kenya at Nairobi (Majanja, J.) dated 23rd November, 2018 in petition no. 320 of 2015)

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RULING OF THE COURT

1. By its application presented to this Court on 18th April 2019 under Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Court of Appeal Rules, the applicant, Anti-Counterfeit Authority, has applied for an order of stay of execution of the judgment and decree of the High Court (Constitutional and Human Rights Division) delivered by Majanja, J on 23rd November 2018 pending the hearing and determination of its intended appeal to this Court.

2. In that judgment, the High Court allowed the 1st and 2nd respondents’ constitutional petition and declared that their right to property was violated by the arbitrary seizure and withholding of their motor vehicle, its log book, and 82 assorted gas cylinders. Accordingly, the court ordered the release of the logbook and the 82 assorted gas cylinders in addition to awarding the 1st and 2nd respondents general damages of Kshs. 500,000.00 for violation of their fundamental rights and freedoms.

3. Intending to challenge the whole judgment, the applicant filed a notice of appeal dated 27th November 2018 on which the present application is founded.

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