RULING OF THE COURT
1. In a ruling delivered on 9th November 2016, the Environment and Land Court at Kisumu (S. M. Kibunja, J.) cited the 2nd applicant for “contempt of court for disobeying [a] court order dated 23rd June 2014” and further ordered that a warrant for his arrest be issued.
2. Apprehensive that he will be arrested, the 2nd applicant by his motion before us dated 15th December 2016, seeks an order to stay execution of that ruling in its entirety pending the hearing and determination of his appeal against it being Civil Appeal No. 111 of 2016 at Kisumu.
3. Learned counsel for the 2nd applicant, Mr. G. N. Awino, referred us to the record of the application and submitted that the applicant has an arguable appeal that will be rendered nugatory unless we grant the orders sought. He referred to the draft memorandum of appeal and argued that there is a question of service of the order that requires interrogation at the hearing of the appeal; that in any event it was not satisfactor…