REPUBLIC V. NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY EX-PARTE SAM ODERA, MICHELLE LISBOA, SAND OJIAMBO & ERICK AGOLLA

RULING OF THE COURT

The application before us was filed by M/S. E.M. Communications Ltd (hereinafter or “EM”) under rule 5 (2) (b) of the rules of this Court seeking one order that: -

“THAT there be a stay of execution pending the hearing and determination of the intended appeal from the judgment and order of the High Court at Nairobi dated 14^th December, 2006 in High Court Misc. Civil Application No. 400 of 2006.”

The order referred to was made by the superior court, Nyamu J. on an application for judicial review filed with the leave of the court on 14^th August, 2006 by four ex parte applicants Sam Odera, Michelle Lisboa, Sanda Ojiambo and Erick Agolla (hereinafter “the tenants”). We may briefly relate what problem took them before Nyamu, J: -

The four tenants are residents in a block of apartments on LR. No. 330/787 at Valley Road, Nairobi known as “Dhanjay Apartments”. They gathered information in February, 2006 that EM was intending to install a Base Transceiver Station (BTS) on the r…