1.This Ruling is not in relation to the substantive ruling on the application dated May 26, 2023 which was reserved for delivery on July 31, 2023 or earlier by Notice; but the court found it necessary to deliver the same.
2.On 9/5/2023 when at the exparte stage, Mr. Gachuhi, for the Applicants sought for temporarily stay of execution orders, and on 31/5/2023, Dr. Ojiambo Senior Counsel for the applicants equally sought for a Stay of Execution Orders Ante, on both occasions the court declined to issue the orders, since the issue of whether or not there is an appeal before court has not been determined.
4.The application dated 26/5/2023 seeks joinder of a party to an appeal, and it is the court view that whereas the said application has been argued and its ruling reserved, it would be proper to determine whether there is an appeal before court before an issue of joinder of a party to the appeal can be determined.
5.In other words, the court has to firstly deal with;i.Whether there is an appeal before it, before deciding on the parties to the appeal.The above is in line with the decision in the Dr. Wilfreda Annoldah Holondo decision aforementioned.
6.Consequently, the ruling in respect of joinder of National Land Commission vide the application dated 28/5/2023 shall await the outcome of the application dated 28/4/2023 for extension of time to file an appeal which the court directs, that it be heard and determined first.