TOWN COUNCIL OF AWENDO V. NELSON ODUOR ONYANGO, MIJUNGU MISWETA, HEZRON OTIENO, ROSALINA NYAKURE, JAIRO OWINO ODERA, TIMOTHEO RAYMO OKWACH, OBIERO OMEDO,ELIUD OGUTU SIRAMA, JOSEPH OMONDI RONGO, JAMES OMONDI ANINDO, JOSEPH ODUOR OCHOME, JOHN ONYANGO DAWO, CHARLES OBUNGA OKOMBO & ATTORNEY-GENERAL

RULING

INTRODUCTION

[1] This is an application to review the decision of the Court of Appeal (Githinji, Mwera and Gatembu JJ.A) in Civil Application No. 5 of 2014, declining to certify the appeal in this matter as one involving “matters of general public importance.” The application is based on the assertion that the Court of Appeal did not evaluate all the material before it, in arriving at its decision. The application also seeks Orders of stay against the execution of the entire Judgement and Orders of the Court of Appeal (Githinji, Mwera and Gatembu JJ.A) sitting at Kisumu (Civil Appeal No. 161 of 2010), delivered on 18^th October, 2013 (the main Judgement on appeal).

BACKGROUND

[2] The respondents herein filed a suit in the High Court (Civil Case No.133 of 2005 (O.S)), dated 14^th October, 2005 challenging the compulsory acquisition of the suit properties (unutilised portions) by the applicant. They claimed that the suit properties were not subject to acquisition in their entirety, and…