1.In a Judgment delivered on April 13, 2023, we directed parties to approach the Tribunal under Rule 39 of the National Environmental Tribunal Rules, 2003, and make representations on the costs of the Appeal.
2.When parties appeared before us August 4, 2023, we directed them to canvass the issue of costs by way of written submissions. Pursuant to our directions, the Appellants filed their submissions dated August 25, 2023. The 2nd and 3rd Respondents equally filed their submissions dated August 17, 2023.
3.In their submissions, the Appellants contend that they have instituted an appeal against our Judgement before the Environment and Land Court at Milimani being ELC Civil Appeal E076 of 2023. They contend that section 130(2) of the Environment Management and Coordination Act therefore serves as a bar to the proceedings presently before us. The section provides as follows:
4.The Appellants further contend that a representation on costs as directed by the Tribunal constitutes part of the ‘decision or order of the Tribunal’ and therefore offends section 130(2) of EMCA. The Respondent’s submissions do not address us on this particular argument advanced by the Appellant’s submissions.
5.Having considered the rival submissions filed by the parties, we find that the only issue that presents itself for determination is whether the filing of ELC Civil Appeal E076 of 2023 stayed the proceedings before this Tribunal.
6.In the Matter of Interim Independent Electoral Commission  eKLR, Constitutional Application No. 2 of 2011, the Supreme Court cautioned against an arrogation of ‘jurisdiction through the craft of interpretation, or by way of endeavours to discern or interpret the intentions of Parliament, where the wording of Legislation is clear and there is no ambiguity.’ A reading of Section 130(2) of EMCA in a manner that confers on us jurisdiction to dispose of the question of costs in the face of the appeal lodged by the Appellants would amount to an error of interpretation.
7.The verb enforce is defined in the Black’s Law dictionary (9th edition) as ‘to give force or effect to; to compel obedience to.’ The proceedings before us seek to enforce an order made by the Tribunal in its Judgment of April 13, 2023
9.We note that the appeal lodged by the Appellant is against the entirety of our Judgment and consequential orders, proceeding with the matter before us runs the risk of exposing us to ridicule should the appellate court set aside our Judgment. Indeed, we are guided in this regard by Hon. Justice Ojwang (as he then was) in B. V. Attorney General  1 KLR 431 where he counselled:
10.We hereby direct that the proceedings before us be stayed pending the hearing and determination of ELC Civil Appeal E076 of 2023.
11.The matter shall be mentioned after 60 days for the purpose of appraising the Tribunal on the outcome of ELC Civil Appeal E076 of 2023.