RULING OF THE COURT
In the Notice of Motion said to be brought under rule 83 of the Court of Appeal Rules, 2010, Sections 3A and 3B of the Appellate Jurisdiction Act, Articles 100, 48 and 50 (1) of the Constitution and all other enabling provisions of law, it is prayed in the main that the notice of appeal dated 3rd August, 2017 filed by the respondents against the decision of the Environment and Land Court at Eldoret delivered on 26th July, 2017 in ELC Petition No. 18 of 2018 be struck out. In prayer 4 it is prayed:
“4. THAT alternatively to prayer (3) above, if the Honourable Court is inclined to save the appeal, then in the interests of justice, the Honourable Court be pleased to order that the stay of proceedings in Environment and Land Court Petition No. 18 of 2018; Siokwei Tarita Limited v. The Commission of University Education and The Kisii University be reviewed to only apply to restraining any enforcement of Conservatory Orders by way of applications for contempt, but the hear…