Nduta & 2 others (Suing in Their Capacity as Officials of Ngando Harambee Women Group) v Mukabi & another [2024] KEELC 4101 (KLR) | Stay Of Execution | Esheria

Nduta & 2 others (Suing in Their Capacity as Officials of Ngando Harambee Women Group) v Mukabi & another [2024] KEELC 4101 (KLR)

Full Case Text

Nduta & 2 others (Suing in Their Capacity as Officials of Ngando Harambee Women Group) v Mukabi & another (Environment & Land Case 1285 of 2015 & 327 of 2017 (Consolidated)) [2024] KEELC 4101 (KLR) (15 May 2024) (Ruling)

Neutral citation: [2024] KEELC 4101 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 1285 of 2015 & 327 of 2017 (Consolidated)

LN Mbugua, J

May 15, 2024

Between

Grace Nduta

1st Plaintiff

Agnes Wanjiku

2nd Plaintiff

Lucy Wambui

3rd Plaintiff

Suing in Their Capacity as Officials of Ngando Harambee Women Group

and

Hannah Nduta Mukabi

1st Defendant

Eliud Mbuthi Kamau

2nd Defendant

As consolidated with

Environment & Land Case 327 of 2017

Between

Grace Nduta

1st Plaintiff

Agnes Wanjiku

2nd Plaintiff

Lucy Wambui

3rd Plaintiff

Suing in Their Capacity as Officials of Ngando Harambee Women Group

and

Hannah Nduta Mukabi

1st Defendant

Eliud Mbuthi Kamau

2nd Defendant

Ruling

1. I have perused the application dated 5. 4.2024 as well as the Replying Affidavit dated 14. 5.2024. A reading of paragraph 7 of the said Replying Affidavit indicates that execution of the decree is underway. If this court was to give directions for the prosecution of the application through written submissions and or if a ruling thereof is deffered, the ultimate decision may turn out to be on academic exercise.

2. I have also considered that judgment was delivered way back in January 2024, thus the applicants have had about 4 months to pursue their appeal.

3. Having regard to the circumstances of this case, I hereby allow the application dated 5. 4.2024 in the following terms;1. I grant a stay of the judgment for 60 days from today.2. The Applicants are condemned to pay costs of the application.3. The file is marked as closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Kiprono for DefendantsNjuguna holding brief for Ngura Kamau for PlaintiffsCourt assistant: Eddel