REFERENCE NO. 7 OF 2023 JOSEPH NDUNGU NJAU V. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant contends that the Respondent through the President of the Court of Appeal has contravened Articles 6(d) and 7(2) of the East African Treaty as read together with Articles 10, 19, 20, 21, 25, 27, 28, 29, 47, 48, 50 and 159 of the Constitution of Kenya 2010, by deliberately refusing to convene a Bench to hear and determine the Applicants Nairobi Court of Appeal Civil Application No. E415 of 2022 which was Certified for Urgent hearing and disposal by the duty Judge of the Court of Appeal, and by refusing to give reasons to the Applicant as to why a Bench of the Court of Appeal cannot be constituted to hear the application on time and urgently. The Applicant alleges that the said unmerited delays and inaction, these actions unlawfully predispose the Applicant to the risks of draconian execution proceedings of the Judgment of the Environment & Land Court which is being Appealed against.