KIBOS SUGAR & ALLIED INDUSTRIES LTD & 2 ORS
V.
BENSON AMBUTI ADEGA & ORS

RULING OF THE COURT

[1] Kibos Sugar and Allied Industries Ltd, Kibos Power Ltd and Kibos Distillers Ltd (the applicants) have moved this Court under Rule 5(2)(b) of the Court Rules, section 3A and 3B of the Appellate Jurisdiction Act and Article 159 of the Constitution of Kenya. They are seeking, amongst others an order, staying further proceedings in Kisumu Environment and Land Court (E&LC) Petition No. 8 of 2018 pending the hearing and determination of an appeal that they have lodged against a ruling delivered by the E&LC (Kibunja, J) on 31^st October 2018. The applicant also seeks a stay of execution of the order of 31^st October 2018 pending the hearing of the appeal.

[2] In E&LC Petition No. 8 of 2018, Benson Ambuti Adega, Erick Ochieng and Bether Atieno Opiyo (herein 1^st 2^nd and 3^rd respondents) are the petitioners. The petition was filed on 25^th October 2018 in the E&LC under the Environmental Management and Coordination Act, 1999, (EMCA) and also under the Constitution for protect…