KOTON WANDABE & RAYMOND NYERIS PLAL V. LUCIA KIBUI MUCHIRI

RULING OF THE COURT

[1] By a notice of motion dated 27^th December, 2018 Koton Wandabe and Raymond Nyeris Plal who are the applicants seek orders under Article 159(2)(d) of the Constitution, sections 1A,1B, 3 and 3A of the Civil Procedure Rules, Order 42 Rule 6 of the Civil Procedure Rules and Rule 5(2)(b), Rule 41 and 47 of the Court of Appeal Rules. The orders sought are for an injunction and a stay of execution of the orders of the Environment and Land Court issued on 19^th July, 2018 and 3^rd December, 2018 in Kitale Environment and Land Court Case No. 136 of 2007, pending the hearing of an appeal that the applicants have lodged against the said orders.

[2] The genesis of the motion before us, is a suit that was filed against the two applicants in the Environment and Land Court, by Lucia Kibue Muchiri who is now the respondent. By a Judgment delivered on 19^th July, 2018 the learned Judge of the Environment and Land Court delivered a judgment in favour of the respondent and issued order…