Odhiambo & 3 others v Nyotumba (Environment and Land Appeal 53 of 2022) [2023] KEELC 21709 (KLR) (21 November 2023) (Ruling) Neutral citation: [2023] KEELC 21709 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT AND LAND APPEAL 53 OF 2022 GMA ONGONDO, J NOVEMBER 21, 2023 BETWEEN KENNEDY ODHIAMBO .................................................................. 1ST APPELLANT WILLIAM ODERO ........................................................................... 2ND APPELLANT JOSEPH ODERO OCHIENG ........................................................... 3RD APPELLANT PHILIP ODERO ................................................................................ 4TH APPELLANT AND GODFREY OSAGO NYOTUMBA ..................................................... RESPONDENT RULING 1. This ruling is in respect of a notice of motion dated 16th January 2023 duly led in court on even date (The application herein) where the four appellants through the rm of Ongoso & Company Advocates, are seeking the orders; inter alia, a. The honourable court be pleased to le the appeal of the ruling dated the 1st day of December, 2022 out of time condemning the 1st to the 4th Defendant to 6 months civil jail irrespective of the application dated the 26th day of October 2022 which was struck out due to technicalities of the Advocate not signing the said application on the face value though the respondents had signed the same and of which the defendants/contemptuous had led an appeal at the High Court of Kenya at HomaBay being dissatised with the said earlier ruling entered on the 25th day of October 2022 condemning them to civil jail. b. Alternatively, the Honourable Court be pleased to stay the orders condemning the defendants/ contemptuous to 6 months civil jail as was entered on 1st day of December, 2022 awaiting the hearing of the said appeal against the said ruling in the rst instance. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21709/eng@2023-11-21 1
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c. And in the alternative do reverse the said orders against the defendants/contemptuous committing them to Civil Jail pending hearing and determination of the said appeal interpartes. d. The costs of this application be in the cause. 2. The application is founded upon a supporting adavit of nine paragraphs sworn on 16th January 2023 by the applicant’s counsel, Albert Ayoma Ongoso and a copy of submissions marked as “AAO” annexed to the adavit. Also, the application is based on grounds 1 to 5 set out on it’s face. In a nutshell, the applicants’ assert that the trial court’s ruling delivered on 1st December 2022 is unjust and will greatly cause trauma to them. 3. The respondent who are represented by the rm of Ken Omollo & Company Advocates, did not respond to the application. 4. Besides, counsel for the respective parties led a duly signed consent dated 14th February 2023 which reads inter alia; “ That there be a stay of execution of the civil jail orders made by the trial court on 1st December 2022 pending the hearing and determination of this appeal”. 5. In the premises, I nd the said consent solid, sound and has resolved the issues in the application. 6. So, the consent is hereby adopted and the application is disposed of accordingly. 7. Parties to bear their respective costs of the application. 8. It is so ordered. DATED AND DELIVERED AT HOMA BAY THIS 21ST DAY OF NOVEMBER 2023 G.M.A ONG’ONDO JUDGE PRESENT 1. Court Assistant, Luanga https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21709/eng@2023-11-21 2
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