[2021] KEELC 141 (KLR)
The court found that some respondents were absent despite being aware of the scheduled date. To ensure fairness and progress of the petition, the court directed the petitioners to serve the orders and written submissions within specified timelines. Respondents are to file their submissions after receipt. The...
Source-derived case information.
- Citation
- [2021] KEELC 141 (KLR)
- Parties
- Applicant: Adan Jirma Duba & 188 Others; Respondent: The Cabinet Secretary Lands & Physical Planning; Respondent: The Attorney General; Defendant: The National Land Commission; Defendant: Kenya Airport Authority; Respondent: Isiolo County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Petition 1 of 2021
- Procedural Posture
- Constitutional Petition / Directions Ruling
- Outcome
- Directions issued for service and exchange of submissions; matter set for further directions.
- Legal Topics
- Service of Court Orders, Filing of Submissions, Land Disputes, Directions Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adan Jirma Duba & 188 Others
Applicant
The Cabinet Secretary Lands & Physical Planning
Respondent
The Attorney General
Respondent
The National Land Commission
Defendant
Kenya Airport Authority
Defendant
Isiolo County Government
Respondent
Procedural Posture
Constitutional Petition / Directions Ruling
Legal Issues
- 1 Whether the petitioners have complied with procedural requirements for service and submissions.
- 2 What directions should be issued to ensure progress of the petition.
Ratio Decidendi
The court found that some respondents were absent despite being aware of the scheduled date. To ensure fairness and progress of the petition, the court directed the petitioners to serve the orders and written submissions within specified timelines. Respondents are to file their submissions after receipt. The directions are intended to facilitate orderly and timely resolution of the petition, in line with procedural rules and the court's inherent powers.
Court Disposition
Directions issued for service and exchange of submissions; matter set for further directions.
Orders
- Petitioners to serve today's court orders on all absent respondents within 14 days.
- Petitioners to serve and exchange written submissions within 30 days; respondents to file submissions within 30 days after receipt.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
PETITION. 001 OF 2021
ADAN JIRMA DUBA & 188 OTHERS.................................................................PETITIONERS
VERSUS
THE CABINET SECRETARYLANDS & PHYSICAL PLANNING.........1ST RESPONDENT
THE ATTORNEY GENERAL........................................................................2ND RESPONDENT
THE NATIONAL LAND COMMISSION.......................................................3RD DEFENDANT
KENYA AIRPORT AUTHORITY....................................................................4TH DEFENDANT
ISIOLO COUNTY GOVERNMENT.............................................................5TH RESPONDENT
RULING
1. In one more unfortunate incident, some of the litigants have failed and/or refused to come to court even though they were aware of today’s date when the apposite matter was slated for directions.
2. The following orders are issued
a) The petitioners are directed to serve the orders issued by the court today upon all absent respondents within 14 days of today.
b) The petitioners are directed to serve and exchange written submissions concerning the petition within 30 days of today and all the respondents are to do so within 30 days after receipt of the petitioners’ written submissions.
c) All submissions should be filed in court in both hard and soft copies in word format font 12.
d) With concurrence of advocates who are present in court DIRECTIONS on 28/2/2022
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 20TH DAY OF DECEMBER, 2021 in the presence of:
Court Assistant: Denge
Odhiambo for the petitioners
Ken Muriuki for the 5th Respondent
HON. JUSTICE P. M. NJOROGE
ELC JUDGE, ISIOLO