RULING OF THE COURT
1. The applicants sought an order for stay of execution of the Court orders made on 13th November 2018 pending hearing and determination of an appeal.
2. In the impugned judgment, the Environment and Land Court at Kitale had ordered that the applicants do vacate the disputed parcels of land known as Kiminini/Kinyoro Block4/27 and 28 and hand them over to the Trustees of the Faith Centre Children’s Home with immediate effect, failing which they be evicted therefrom.
3. The applicants’ application for stay of execution of the said orders before the trial court was initially dismissed for non-compliance with order 9 rule 9 of the Civil Procedure Rules, but the applicants demonstrated that there was due compliance with the said rule before they filed the application. Subsequently, the initial ruling was reviewed and the application was re-heard but dismissed on its merits. The applicants then preferred an appeal to this Court.
4. The applicants contended that they have an…