RULING OF THE COURT
[1] THE APPLICANT moved this Court by Notice of Motion under certificate of urgency, seeking Orders as follows:
(a) Pending the hearing and determination of the application, execution of the Judgment/Orders of the Appellate Court in Civil Appeal No. 287 of 2016 as consolidated with Civil Appeal No. 3 of 2017, be stayed;
(b) Pending the hearing and determination of the intended appeal against the said Judgment, its execution be stayed;
(c) Costs of the instant application do abide the conclusion of the intended appeal.
[2] THE QUESTION of certificate of urgency came up, on 31 October 2017, before Ojwang, SCJ who declined to grant the same, directing that a hearing date for the application be set in normal Registry operations.
[3] THE MATTER arises from the decision of a three-Judge Bench of the High Court, in Malindi Petition No. 3 of 2016, which held to be unconstitutional certain sections of the Environmental and Land Court Act, and the Magistrates’ Courts Act. In the b…