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District Physical Planning Officer & 4 others v Langat (Constitutional Petition 1 of 2013) [2022] KEELC 3263 (KLR) (28 July 2022) (Ruling)

[2022] KEELC 3263 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3263
Citation
[2022] KEELC 3263 (KLR)
Decided
28 July 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from a previous contempt rulingCoramMC OUNDO
Holding

The court grants the application for a temporary stay of sentencing.

Facts

The applicants were found in contempt of court orders and sentenced. They now seek a temporary stay of sentencing pending an appeal to the Court of Appeal.

Issues

  1. Whether the application for a stay of sentencing is merited
  2. Whether the court has jurisdiction to entertain the application

Reasoning

The court finds that the applicants would suffer substantial loss if the stay is not granted, and that the application has not been made with unreasonable delay. The court grants the stay.

Outcome

Application granted

Orders

  • Temporary stay of sentencing

Remedies

  • Stay of sentencing

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (2)
  • Consolidated Marine v Nampijja & Another
  • Stephen Mbugua Gituthi & 2 others v National Land Commission
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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