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GOVERNOR, COUNTY GOVERNMENT OF LAIKIPIA & ANOR. V. COUNTY ASSEMBLY OF LAIKIPIA & ANOR.

(2021) JELR 114138 (CA)

Court of Appeal  •  CIVIL APPLICATION NO. E052 OF 2021  •  5 Nov 2021  •  Kenya

Coram
MSA MAKHANDIA, JA SANKALE ole KANTAI, JA PAULINE NYAMWEYA, JA

Judgement

RULING

  1. Before us is a motion on notice filed under certificate of urgency. The motion seeks to stay execution of the orders of the court dated 16th June 2021 and stay of further proceedings including the sentencing of the 1st applicant scheduled for 12th July 2021. It was placed before us for hearing on the 13th July 2021. Miss. Kithinji appeared alongside Mr. Muchemi for the applicants whereas Mr. Abwour appeared for the 1st respondent. We heard all counsels by way of written and oral submissions. At the end of it all and on account of urgency we were persuaded that this was a fit and proper case for grant of interim stay of proceedings as well as stay of execution of the ruling by Marete, J. aforesaid. We reserved our reasons for so acting which we now give in this ruling. We must observe from the onset that the 1st applicant had been convicted of contempt of court and his sentencing was scheduled for 12th July 2021. Had we not acted as aforesaid there was every possibility that the …

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