RULING OF THE COURT
China Road and Bridge Corporation (K) Ltd (China Road) and Kenya Railways Corporation (Kenya Railways) are aggrieved by the ruling and order of the Environment and Land Court (ELC) at Mombasa (Omollo, J.) dated 21st July 2016 and have evinced their intention to appeal against the same by lodging notices of appeal on 27th July 2016 and 25th July 2016 respectively. In the meantime, they have filed two applications, namely Civil Application No 44 of 2016 and Civil Application No. 47 of 2016, praying for stay of execution of the orders of the ELC pending the filing, hearing, and determination of their intended appeals. On 3rd November 2016 we directed, with the consent of the parties, that the two applications, which were between the same parties, on related subject matter, and arising from the same ruling, be consolidated and Application No. 47 to serve as the running file.
The brief background to the application before us is as follows. On 24th June 2016, a firm known …