JESCAH GATAKAA AMBOKA & JACKSON AMBOKA WANYUNGU V. WILFRED KELI NDOLO

RULING OF THE COURT

1. By a judgment dated 30th September, 2019 the Environment and Land Court (ELC) in Kitale (Mwangi Njoroge, J.) entered judgment in favour of Wilfred Keli Ndolo (the respondent) herein against Jesca Gatakaa Kwamboka and Jackson Amboka Wanyungu (the applicants). In his judgment, the learned Judge gave a declaration that the applicants herein had offensively obstructed a public access road. The land which the learned Judge declared to be a public access road was part of a parcel of land purchased by the applicants from the respondent in the year 2014.

2. Aggrieved, the applicants filed on 1st October, 2019 a notice of appeal against the whole judgment and subsequently proffered the instant application, dated 26th November, 2019 under Rule 5(2)(b) of this Court’s rules seeking stay of execution of the said judgment and decree pending the hearing and determination of the intended appeal.

3. The application is predicated on grounds, inter alia, that the learned Judge erred…