[2019] KEELC 3586 (KLR)
The court found that the report in question was written and filed pursuant to a previous court order. To ensure compliance with its orders and to clarify any issues arising from the report, the court exercised its discretion to allow the oral application for summons. The District Land Adjudication and Settlement...
Source-derived case information.
- Citation
- [2019] KEELC 3586 (KLR)
- Parties
- Applicant: The Hon. Attorney General; Respondent: Isaiah Muturi Mucee
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 2 of 2018
- Procedural Posture
- Constitutional Petition / Ruling on Oral Application for Summons
- Outcome
- Application for issuance of summons allowed.
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Court Orders Compliance, Summons Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Hon. Attorney General
Applicant
Isaiah Muturi Mucee
Respondent
Procedural Posture
Constitutional Petition / Ruling on Oral Application for Summons
Legal Issues
- 1 Whether the District Land Adjudication and Settlement Officer should be summoned to present and explain his report to the court.
- 2 Whether the report was filed in compliance with a court order.
Ratio Decidendi
The court found that the report in question was written and filed pursuant to a previous court order. To ensure compliance with its orders and to clarify any issues arising from the report, the court exercised its discretion to allow the oral application for summons. The District Land Adjudication and Settlement Officer was therefore ordered to appear before the court to present and explain his report, reinforcing the court's supervisory role over the implementation of its directives and the accountability of public officers in land adjudication matters.
Court Disposition
Application for issuance of summons allowed.
Orders
- Summons to issue for Zablon Mwangi, District Land Adjudication and Settlement Officer, Tharaka South and North sub-counties, to appear in court on 21st May, 2019 to explain his report dated 9th January, 2019.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC PETITION CASE NO. 02 OF 2018
IN THE MATTER OF ARTICLES 20, 21, 22, 13 AND 165 (3) (B) OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF ARTICLES 1 (1), 40, 42, 53 AND 156(6) OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013
AND
IN THE MATTER OF SECTIONS 3, 4 (3) AND 13 OF THE ENVIRONMENT AND LAND COURT ACT NO. 19 OF 2011
BETWEEN
THE HON. ATTORNEY GENERAL.....PETITIONER/APPLICANT
VERSUS
ISAIAH MUTURI MUCEE.........................................RESPONDENT
RULING
1. This ruling concerns an oral application for issuance of summons for the District Land Adjudication and Settlement Officer (DLASO) Tharaka South and North Sub-counties to come to court to present his report dated 9th January, 2019. The respondent Isaiah Mucee opposed the application.
2. It is noted that the apposite report was written and filed pursuant to a court order.
3. In the circumstances, the prayer for the District Land Adjudication and Settlement Officer (DLASO) to present his report to court is allowed.
4. An order is hereby given that Summons do issue for Zablon Mwangi, the District Land Adjudication and Settlement Officer, Tharaka South and North sub-counties to come to court on 21st May, 2019 to explain his report dated 9th January, 2019
Delivered in open court at Chuka this 6th day of May, 2019 in the presence of:
CA: Ndegwa
Kiongo for the Petitioner
Isaiah Muturi Mucee - Respondent
P.M. NJOROGE
JUDGE