Judgment was delivered on 20th December 2022 in favour of the Appellant. In the said Judgment, the Court set aside the ruling delivered by the National Environment Tribunal on 25th July 2022 and made an order that the Tribunal do consider the Appellant's application dated 2nd June 2022. The Appellant has therefore come back to this Court with an application dated 22nd December 2022 seeking further orders barring the 2nd Respondent from undertaking construction in respect to L.R No. 1109/323.
I have considered the said application and in view of the fact that this Court has already rendered its judgment on 20th December 2022, the Court remains functus officio in the matter and cannot pronounce itself further. The issues raised by the Appellant in her application dated 22nd December 2022 can be properly addressed by the National Environment Tribunal which is now seized of the matter. The Appellant's application dated 2nd June 2022 is yet to be determined by the Tribunal and i would not wish to preempt its outcome.
In the circumstances, I am unable to accede to the request made by the Appellant.
Dated, Signed and Delivered at Nairobi this 23rd December 2022.