MALINDI LAW SOCIETY V. LAW SOCIETY OF KENYA, NAIROBI BRANCH, ATTORNEY-GENERAL, CHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT OF KENYA, NATIONAL ASSEMBLY, LAW SOCIETY OF KENYA & NATIONAL LAND COMMISSION

RULING OF THE COURT

[1] THE APPLICANT moved this Court by Notice of Motion under certificate of urgency, seeking Orders as follows:

(a) Pending the hearing and determination of the application, execution of the Judgment/Orders of the Appellate Court in Civil Appeal No. 287 of 2016 as consolidated with Civil Appeal No. 3 of 2017, be stayed;

(b) Pending the hearing and determination of the intended appeal against the said Judgment, its execution be stayed;

(c) Costs of the instant application do abide the conclusion of the intended appeal.

[2] THE QUESTION of certificate of urgency came up, on 31 October 2017, before Ojwang, SCJ who declined to grant the same, directing that a hearing date for the application be set in normal Registry operations.

[3] THE MATTER arises from the decision of a three-Judge Bench of the High Court, in Malindi Petition No. 3 of 2016, which held to be unconstitutional certain sections of the Environmental and Land Court Act, and the Magistrates’ Courts Act. In the b…