IN TH COURT OF APPEAL AT NAIROBI (CORAM: KOOME, J.A (IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO. E335 OF 2020 BETWEEN WINNIE MUKOLWE (sued as the administrator of the estate of DAVID NYAMBU JONATHAN KITURI deceased)...............................................1ST APPELLANT/APPLICANT JULIA KIRIRA (sued as the administrator of the estate of DAVID NYAMBU JONATHAN KITURI – deceased).............................................2ND APPELLANT/APPLICANT HOPE MUTUA (sued as the administrator of the estate of DAVID NYAMBU JONATHAN KITURI deceased)............................................3RD APPELLANT/APPLICANT CLARA KITAO................................4TH APPELLANT/APPLICANT DELINA NASIBU............................5TH APPELLANT/APPLICANT FLORA NYANGE...........................6TH APPELLANT/APPLICANT EMILY MWARO.............................7TH APPELLANT/APPLICANT IRENE KITURI...............................8TH APPELALNT/APPLICANT DAMARIS KITURI....................... 9TH APPELLANT/APPLICANT HENRY KITURI............................10TH APPELLANT/APPLICANT ASWANI NZEE...............................11TH APPELLANT/APPLICANT MERCY NZEE...............................12TH APPELLANT/APPLICANT CICILIA NZEE..............................13TH APPELLANT/APPLICANT AND LUCY WANJIKU MUCHAI t/a
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BELLAVIN INVESTMENTS........................................RESPONDENT (Being an application for stay of execution of the order by the Environment and Land Court of Kenya (Gacheru, J.) dated 15th October, 2020 in ELC CASE No. 175 OF 2019) ******************* RULING On 4th November, 2020 I declined to certify the Notice of Motion dated 28 th October, 2020 as urgent. Counsel for the applicant requested for an inter partes hearing on the issue of urgency as provided under Rule 47 of the Court of Appeal Rules. Upon considering the matters raised in the letter by counsel for the applicant dated 12 th November, 2020, his submissions on the issue of urgency as well as the submissions by counsel for the respondents who are opposed to the matter being certified as urgent. I am persuaded that most of the appellants are advanced in age and a continued delay in finalizing the issues raised therein may impact on their health negatively. I accordingly certify the Notice of Motion dated 28th October, 2020 as urgent to be given a priority hearing date Dated and delivered at Nairobi this 5th of February, 2021. M. K. KOOME ................................... JUDGE OF APPEAL I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR
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