DAVID KAMAU KARIUKI (SUING AS THE LEGAL REPRESENTATIVE OF THE LATE ESTHER W. KIRII) V. STANLEY THEURI (SUING AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF FRANCIS K. MWAI), DISTRICT LAND REGISTRAR NYANDARUA & ATTORNEY GENERAL

RULING OF THE COURT

By way of a Notice of Motion dated 7^th February 2020, the applicant David Kamau Kariuki (Suing as the legal representative of the Late Esther W. Kirii) sought orders for stay of execution of the orders of the Environment and Land Court and further for stay of the proceedings in that court pending the hearing and determination of this application and the intended appeal. The motion was premised on the grounds that the orders of the trial court will render the applicant’s family homeless and destitute; that the trial court’s order by implication directed the 1^st respondent to forcefully evict the applicant and his entire family from the disputed portion; that the court failed to appreciate that the applicant’s family had been living on the disputed portion for 57 years, and had constructed their home thereon.

In an affidavit in support of the motion, and in written submissions the applicant contended that the matter concerned a boundary dispute between the respondent’s…