RULING OF THE COURT
By a Notice of Motion dated 23rd September, 2020, the applicant, the County Government of Kakamega sought orders for stay of execution of the judgment of the Environment and Land Court (N. Matheka, J.) pending the hearing and determination of the appeal. The application was supported by the sworn affidavit of Stephen S. Chune, the applicant’s Director of Physical Planning, and the applicant’s written submissions.
The motion was premised on the grounds that in its judgment, the Environment and Land Court had ordered that the respondent be adequately compensated for the compulsory acquisition of the subject property, and that while the applicant was seeking to file the intended appeal, the respondent had proceeded to value the property; that the respondent had also demanded settlement of compensation in terms of the judgment, and should the applicant fail to pay, the respondent would proceed to execute the judgment against the applicant, which would render the appeal n…