ACTION MUSIII KHALAMBUKHA & ANOR V. PATRICK MALONGO LIDOVOLO

RULING

1. By the motion dated 17th June, 2021 brought under Rule 5(2)(b) of this Court’s Rules, the applicants seek an order of injunction and stay of execution of the judgment and decree issued against them by the Environment & Land Court at Kakamega pending the hearing and determination of their appeal against the same. By that decision the applicants were ordered to vacate the suit land parcel No. Tiriki/Shamakhokho/1442 within 90 days from the date of the judgment and in default be evicted. The applicants were also ordered to exhume the bodies of their deceased relatives from the suit parcel of land.

2. The application is founded on grounds that; the applicants lodged a notice of appeal against the impugned judgment on 3rd May 2021 and an appeal on 18th May 2021; on 15th December 2020, the Environment & Land Court allowed the respondent’s application to have the applicants forcefully evicted from the suit property; the applicants are faced with a real danger of being forcefully evicted fr…