RULING OF THE COURT
Before us is a Notice of Motion dated and lodged in this Court's Sub-Registry at Nyeri on the 1st day of July, 2016, brought under Rules 5(2) (b) and 41 of the Court of Appeal Rules 2010, section 3A and 3B of the Appellate Jurisdiction Act Chapter 9 of the Laws of Kenya and all other enabling provisions of the law. One substantive prayer is sought namely:
1. That this honourable court be pleased to order that pending the hearing and determination of the appeal, there be a stay of execution of the judgment and decree of the Environment and Land Court (L. N. Waithaka, J.) delivered on 20th April, 2015 in Nyeri ELC Case No. 67 of 2015 (consolidated with Nyeri HCCC No. 23 of 2012) or alternatively to give such other or further directions as it shall deem fit.
It is supported by grounds in its body and a supporting affidavit as well as annextures thereto. It is not opposed. On the day fixed for its hearing, only Mr. C. N. Ngugi learned counsel for the applicant attended co…