Winnie Mukolwe (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased), Julia Kirira (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased), Hope Mutua (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased), Clara Kitao, Delina Nasibu, Flora Nyange, Emily Mwaro, Irene Kituri, Damaris Kituri, Henry Kituri, Aswani Nzee, Mercy Nzee & Cicilia Nzee v Lucy Wanjiku Muchai t/a Bellavin Investments [2021] KECA 989 (KLR)

IN TH COURT OF APPEAL

AT NAIROBI

(CORAM: KOOME, J.A (IN CHAMBERS)

CIVIL APPEAL (APPLICATION) NO. E335 OF 2020

BETWEEN

WINNIE MUKOLWE (sued as the administrator of the estate of

DAVID NYAMBU JONATHAN KITURI -

deceased)...............................................1ST APPELLANT/APPLICANT

JULIA KIRIRA (sued as the administrator of the estate of

DAVID NYAMBU JONATHAN KITURI –

deceased).............................................2ND APPELLANT/APPLICANT

HOPE MUTUA (sued as the administrator of the estate of

DAVID NYAMBU JONATHAN KITURI

deceased)............................................3RD APPELLANT/APPLICANT

CLARA KITAO................................4TH APPELLANT/APPLICANT

DELINA NASIBU............................5TH APPELLANT/APPLICANT

FLORA NYANGE...........................6THAPPELLANT/APPLICANT

EMILY MWARO.............................7TH APPELLANT/APPLICANT

IRENE KITURI...............................8TH APPELALNT/APPLICANT

DAMARIS KITURI....................... 9THAPPELLANT/APPLICANT

HENRY KITURI............................10TH APPELLANT/APPLICANT

ASWANI NZEE...............................11TH APPELLANT/APPLICANT

MERCY NZEE...............................12TH APPELLANT/APPLICANT

CICILIA NZEE..............................13TH APPELLANT/APPLICANT

AND

LUCY WANJIKU MUCHAI t/a

BELLAVIN INVESTMENTS........................................RESPONDENT

(Being an application for stay of execution of the order by the Environment

and Land Court of Kenya (Gacheru, J.) dated 15th October, 2020in ELC CASE No. 175 OF 2019)

*******************

RULING

On 4th November, 2020 I declined to certify the Notice of Motion dated 28th October, 2020 as urgent. Counsel for the applicant requested for an inter partes hearing on the issue of urgency as provided under Rule 47 of the Court of Appeal Rules. Upon considering the matters raised in the letter by counsel for the applicant dated 12th November, 2020, his submissions on the issue of urgency as well as the submissions by counsel for the respondents who are opposed to the matter being certified as urgent. I am persuaded that most of the appellants are advanced in age and a continued delay in finalizing the issues raised therein may impact on their health negatively. I accordingly certify the Notice of Motion dated 28th October, 2020 as urgent to be given a priority hearing date

Dated and delivered at Nairobi this 5thof February, 2021.

M. K. KOOME

...................................

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR