ROSE NYAGA NJAMBI, JOASH OCHIENG, JOHN KIMANI GITIYA & GODFREY WERE V. GALOT INDUSTRIES LIMITED

RULING OF THE COURT

1. By an application dated 14th May 2020, the applicants sought stay of execution of the judgment of Angote, J. in Environment and Land Court (ELC) at Machakos No.26 of 2014, where the Court ordered, inter alia, that the applicants be evicted from a parcel of land known as L.R No. 12867/511 situate at Mavoko (the suit land), which is registered in the name of the respondent.

2. The suit land is a remainder of a bigger parcel of land that was compulsorily acquired for construction of the Kitengela interchange along the Namanga-Athi River Highway. The applicants were issued with allotment letters in respect of the suit land but the respondent, who was the original owner of the entire parcel of land that was compulsorily acquired by the government, successfully applied for allotment of the unutilised land; paid the allotment fees and all other outgoings and became the registered owner of the suit land.

3. The applicants faulted the learned judge for ordering their evicti…