Kibuna v County Government of Nairobi & 4 others (Environment & Land Case 529 of 2018) [2024] KEELC 13926 (KLR) (17 December 2024) (Ruling) Neutral citation: [2024] KEELC 13926 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE 529 OF 2018 LN MBUGUA, J DECEMBER 17, 2024 BETWEEN JEDIDA NGINA KIBUNA ........................................................................ PLAINTIFF AND COUNTY GOVERNMENT OF NAIROBI .................................... 1ST DEFENDANT ABRAHAM MWANGI NJIHIA ..................................................... 2ND DEFENDANT THE CHIEF LAND REGISTRAR ................................................. 3RD DEFENDANT MORRIS GITONGA NJUE ............................................................ 4TH DEFENDANT VERA MWASI .................................................................................. 5TH DEFENDANT RULING 1. This ruling relates to the application dated 6.9.2024 brought forth by the 2nd defendant who seeks a stay of the proceedings herein pending determination of an intended appeal. 2. The application is based on grounds on the face of the application and the supporting adavit of Abraham Mwangi Njihia (2nd defendant). He is aggrieved by this court’s ruling of 22.2.2024 in which the court barred the applicant from making reference to the statement of Eric Obwao and that no witness summons were to be issued at this stage. The applicant is aggrieved by the said ruling and intends to appeal at the Court of Appeal. To this end, he has led a notice of appeal dated 1.3.2024. 3. The 1st defendant has opposed the application via Grounds of Opposition dated 22.11.2024 where it is averred that there was inordinate delay in ling the application, and that the Notice of Appeal stands as withdrawn in accordance with rule 85 of the Court of Appeal rules of 2022 as the appeal was not instituted. 4. I have considered all the arguments raised herein including the rival submissions. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13926/eng@2024-12-17 1
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5. In the case of Global Tours and Travels Limited; Nairobi H.C. winding up cause No. 43 of 2000 cited in Kenya Power & Lighting Company Limited v. Esther Wanjiru Wakabi [2014] eKLR, the court stated that the grant of a stay of proceedings is a matter of judicial discretion to be exercised in the interest of justice (Also see Ezekiel Male Musembi v. H. Young & Company (EA) Limited [2019] EKR). 6. I nd that the current application was lodged on 6.9.2024 7 months after the ruling of 22.2.2024. Even then, the said application was not led under a certicate of urgency, of which a certicate of urgency to trigger the hearing of the aforementioned application was only led on 18.11.2024! Thus, there is unreasonable and in ordinale delay in the ling of the application. 7. Secondly, I nd that though a notice of appeal was allegedly led at the Court of Appeal (the same is dated 1.3.2024), there is no evidence of a substantive appeal having been lodged at the Court of Appeal as at 6.9.2024. 8. Finally, I nd that this matter is at the tale end of the trial, hence the dictates of justice demand that the matter be nalized expeditiously. 9. In that regard, the application dated 6.9.2024 is dismissed with costs to the respondents. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17th DAY OF DECEMBER 2024 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Kwang’a for the Plainti Ondabu for 2nd Defendant Njeru for 4th and 5th Defendants Court Assistant: Vena https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13926/eng@2024-12-17 2
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