[2019] KEELC 3909 (KLR)
The court determined that, in the interests of justice and fair hearing, the National Land Commission should be given a final opportunity to participate in the proceedings. The court found that although the petitioners claim to have served the National Land Commission, the importance of the Commission's input in the...
Source-derived case information.
- Citation
- [2019] KEELC 3909 (KLR)
- Parties
- Applicant: Barua Gituma; Applicant: Gerrad Njagi Matumo; Applicant: Joseph Mutugi Kamwara; Applicant: Delyino Mpanda Kathenya; Applicant: Misheck Mitugo Kamwara; Applicant: M’Kungania Murauko; Applicant: Mbae Muchege; 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
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 04 of 2018
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling
- Outcome
- Interlocutory orders issued to ensure service and participation of all respondents, particularly the National Land Commission.
- Legal Topics
- Land Adjudication, Right to Be Heard, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barua Gituma
Applicant
Gerrad Njagi Matumo
Applicant
Joseph Mutugi Kamwara
Applicant
Delyino Mpanda Kathenya
Applicant
Misheck Mitugo Kamwara
Applicant
M’Kungania Murauko
Applicant
Mbae Muchege
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
Procedural Posture
Constitutional Petition / Interlocutory Ruling
Legal Issues
- 1 Whether the National Land Commission should be granted a further opportunity to participate in the proceedings despite previous non-attendance.
- 2 Whether proper service of court orders upon the National Land Commission has been effected.
Ratio Decidendi
The court determined that, in the interests of justice and fair hearing, the National Land Commission should be given a final opportunity to participate in the proceedings. The court found that although the petitioners claim to have served the National Land Commission, the importance of the Commission's input in the matter necessitates a further chance for it to respond. The court thus ordered that the petitioners serve the orders issued on the National Land Commission within 10 days, and set timelines for all parties to file and exchange submissions. The court emphasized that this direction is to ensure that all parties, especially the National Land Commission, are accorded a fair...
Court Disposition
Interlocutory orders issued to ensure service and participation of all respondents, particularly the National Land Commission.
Orders
- The petitioners to serve the orders issued by the court today upon the 1st Respondent, the National Land Commission, within the next 10 days.
- All respondents and the Interested Parties granted 30 days to file and exchange their submissions.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC PETITION CASE NO. 04 OF 2018
BARUA GITUMA...................................................1ST PETITIONER
GERRAD NJAGI MATUMO................................2ND PETITIONER
JOSEPH MUTUGI KAMWARA..........................3RD PETITIONER
DELYINO MPANDA KATHENYA......................4TH PETITIONER
MISHECK MITUGO KAMWARA......................5TH PETITIONER
M’KUNGANIA MURAUKO................................6TH PETITIONER
MBAE MUCHEGE................................................7TH PETITIONER
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. An issue arose concerning the serial non-attendance of the 1st Respondent, the National Land Commission. Mr. Mwiti, the petitioners’ advocate reiterated that they had always served the National Land Commission. Mr. Kiongo, Senior State Counsel, for the Attorney General felt that the National Land Commission was an important prayer in this suit.
2. I agree that the National Land Commission should be given a last chance to give its side of this case.
3. In the circumstances, it is ordered that the orders issued by the court today be served upon the National Land Commission within 10 days of today. The orders are:
a) The petitioners to serve the orders issued by the court today upon the 1st Respondent, the National Land Commission, within the next 10 days.
b) All respondents and the Interested Parties granted 30 days to file and exchange their submissions.
c) All submissions to be filed in both hard and soft copies.
d) By consent, directions to confirm compliance and to fix a date for judgment on 6th May, 2019.
Delivered in open Court at Chuka this 8th day of April, 2019 in the presence of:
CA: Ndegwa
Jessie Mwiti for the Petitioners
Kinoti Kirera for the Petitioners
Kirimi Gituma for the Petitioners
J. M. Kiongo for the 2nd to 4th Respondents
Kaimenyi Kithinji for the Interested Parties
P. M. NJOROGE,
JUDGE.