RULING OF THE COURT
1. In the Notice of Motion before the Court pronounced to be premised on Section 5 of the Judicature Act and Sections 3A and 3B of the Appellate Jurisdiction Act, the applicant seeks an order that the Court finds Robert Kimathi Mati (the respondent herein) in contempt of the Court Order dated 21st March, 2018 and proceed to mete out sentence that will serve the ends of justice in the circumstances of the case.
2. The application is premised on grounds, inter alia, that this Court granted the applicants an order of stay of execution of the Ruling of the Environment and Land court delivered on 11th October, 2017 pending the determination of the applicant’s appeal. The respondent is said to have ignored the said orders and proceeded to fence off portions of land subject of the Court order and has even sold a portion of the same to one Pastor Kimathi for a sum of “about Ksh. 400,000 .00”.
3. In his affidavit in support of the application sworn on 14th November, 2018, the …