[2019] KEELC 4985 (KLR)
The court found that the application by the interested parties to be enjoined in the petition was unopposed and merited, as their participation was necessary for the just determination of the issues in dispute. The court further held that it was appropriate to issue comprehensive directions to facilitate the...
Source-derived case information.
- Citation
- [2019] KEELC 4985 (KLR)
- Parties
- Applicant: Barua Gituma & 6 Others; Respondent: The National Land Commission; Respondent: The Cabinet Secretary, Ministry of Lands and Physical Planning; Respondent: The District Land Adjudication Officer, Tharaka Nithi County; Respondent: The Hon. Attorney General; Respondent: Interested Parties
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 04 of 2018
- Procedural Posture
- Constitutional Petition / Directions Ruling
- Outcome
- Application to enjoin interested parties allowed; directions issued for further conduct of the petition.
- Legal Topics
- Land Adjudication, Joinder of Parties, Service of Court Orders, Compliance With Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barua Gituma & 6 Others
Applicant
The National Land Commission
Respondent
The Cabinet Secretary, Ministry of Lands and Physical Planning
Respondent
The District Land Adjudication Officer, Tharaka Nithi County
Respondent
The Hon. Attorney General
Respondent
Interested Parties
Respondent
Procedural Posture
Constitutional Petition / Directions Ruling
Legal Issues
- 1 Whether the interested parties should be enjoined in the petition.
- 2 Whether directions should be issued for service, compliance, and further conduct of the petition.
Ratio Decidendi
The court found that the application by the interested parties to be enjoined in the petition was unopposed and merited, as their participation was necessary for the just determination of the issues in dispute. The court further held that it was appropriate to issue comprehensive directions to facilitate the expeditious and fair disposal of the petition, including timelines for service of orders, filing of documents, provision of particulars, and exchange of written submissions. The directions were aimed at ensuring compliance with previous court orders, clarity of pleadings, and effective participation of all parties. The court emphasized the need for all parties to adhere to the...
Court Disposition
Application to enjoin interested parties allowed; directions issued for further conduct of the petition.
Orders
- The Interested parties’ application dated 21st November, 2018 to be enjoined in the petition is allowed.
- Petitioners to serve the orders issued by the court upon the National Land Commission and the Attorney General within 10 days.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC PETITION CASE NO. 04 OF 2018
BARUA GITUMA & 6 OTHERS....................................PETITIONERS
AND
THE NATIONAL LAND COMMISSION...............1ST RESPONDENT
THE CABINET SECRETARY, MINISTRY OF
LANDS AND PHYSICAL PLANNING.................2ND RESPONDENT
THE DISTRICT LAND ADJUDICATION OFFICER,
THARAKA NITHI COUNTY..................................3RD RESPONDENT
THE HON. ATTORNEY GENERAL.......................4TH RESPONDENT
RULING
1. The parties were coming to court to take directions today in terms of the orders contained in this court’s ruling delivered on 31st October, 2018.
2. Advocate Hon. Gitonga Murugara, MP, informed the court that advocate Jessee Mwiti, the petitioner’s advocate, had suffered a stroke soon after the court delivered its ruling containing apposite directions on 31st October, 2018. He told the court that he was holding brief for advocate Kinoti Kirera who was handling the matter on behalf of advocate Jesse Mwiti. He informed the court that Mr. Kinoti was handling a matter in another court at Chuka. He craved the court’s indulgence to set aside the file and have the matter heard later on. The court granted the request and directed that the matter be heard at 12. 01 pm today (15th January, 2019).
3. At 12. 01 pm, advocate Kaimenyi Kithinji told the court that he was representing interested parties who wanted to be enjoined in this suit. Advocate Kinoti Kirera, the petitioners’ advocate intimated that he was not opposed to the application. He asked the court to give the matter a mention date when the parties will come to court to confirm compliance with the orders which would be issued by the court. Consequently, I issue the following directions:
a. The Interested parties’ application dated 21st November, 2018 to enjoin them in this petition is allowed.
b. The petitioners are directed to serve the orders issued by this court today UPON the National Land Commission and the Attorney General within 10 days of today.
c. The Petitioners, the respondents and the Interested parties are directed to ensure that all the documents they have filed or will file in court in support of their respective cases are pellucidly legible.
d. The Petitioners are directed to give particulars of the aliens or undeserving persons who they claim were irregularly allocated land during the adjudication process.
e. The Interested parties are directed to give their national identity card numbers and to explain how they became owners of their parcels of land.
f. The Interested parties and the respondents are directed to respond to the petition within 21 days of today and the petitioners are directed to respond, if necessary, within 30 days of receipt of responses by all the other parties and to file WRITTEN SUBMISSIONS within the said period of 30 days, ANDto nevertheless do so if any or all of the other parties will not have filed responses within the stipulated time.
g. The respondents and the Interested parties are directed to file their WRITTEN SUBMISSIONS within 30 days after receipt of the petitioners’ written submissions.
h. All parties are directed to concurrently deposit soft copies of all pleadings with court as they file hard copies thereof.
i. The petitioners are directed to facilitate, within 10 days of today, the implementation of all orders issued by this court vide its ruling delivered on 31st October, 2018.
j.By consent of the Petitioners’ advocate and the Interested parties’ advocate, all parties are directed to come to court for directions on Monday, 8th April, 2019.
4. It is hereby reiterated that the parties will come to court for directions on 8th April, 2019.
5. It is so ordered.
Delivered in open court at Chuka this 15th day of January, 2019
in the presence of:
CA: Ndegwa
Kinoti Kirera for the Petitioners
Kaimenyi Kithinji for the Interested Parties
P. M. NJOROGE,
JUDGE