COUNTY COUNCIL OF NAROK, STANISLAS NYAGAKA ONDIMU V. KALYASOI FARMERS CO-OPERATIVE SOCIETY LTD, SAMWEL KIPKEMOI LANGAT, JONATHAN KIPKORIR BORE, NICHOLAS KIMETO, FRANCIS KIMUTAI MARITIM, STANLEY KIBET KIRINYET & JOSEPH KIPKOSKEI KILELE

RULING OF THE COURT

This ruling relates to the two applications (Civil Application No. NAI. 324 of 2005 and Civil Application No. NAI. 325 of 2005) heard on 9th December, 2005. The two applications were brought under rule 5(2)(b) of the Court of Appeal Rules under which the applicants, (Narok County Council and Stanislus Nyagaka Ondimu) were seeking a stay of proceedings and orders of the superior court. We must point out that there was an earlier application by Narok County Council, being Civil Application NO. NAI. 166 of 2005 in which the said County Council sought similar orders. That application for a stay of proceedings was refused and the reasons for that ruling of refusal were given on 14th October, 2005.

The background to what was before us on 9th December, 2005 was clearly set out in the Reasons For the Ruling delivered on 14th October, 2005. We need not repeat here what was said in that ruling except to highlight the following observations of this Court:-

“The truth of the matt…