[2019] KEELC 4030 (KLR)
The court found that it had already, by a previous ruling dated 28th May, 2018, withdrawn Cecilio Murango Mwenda from the suit. In light of this, and considering the applicant's cultural concerns and the absence of opposition, the court ordered that Mr. Mwenda's name should not be indicated as a party to the suit...
Source-derived case information.
- Citation
- [2019] KEELC 4030 (KLR)
- Parties
- Plaintiff: Cecilio Murango Mwenda; Plaintiff: Stephen Mugao Mathenge; Plaintiff: Bernard Njeru; Plaintiff: Agnes Mukoiti Muthambi; Plaintiff: David Mwangangi Gaichu; Plaintiff: Joshua Mwiranga Njagi; Plaintiff: Njeru Patrick Nyaga; Defendant: Isaac Kimathi Ikunga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Expunge Party From Suit
- Outcome
- application granted
- Legal Topics
- Withdrawal of Party, Expungement of Name, Customary Law Conflict, Party Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilio Murango Mwenda
Plaintiff
Stephen Mugao Mathenge
Plaintiff
Bernard Njeru
Plaintiff
Agnes Mukoiti Muthambi
Plaintiff
David Mwangangi Gaichu
Plaintiff
Joshua Mwiranga Njagi
Plaintiff
Njeru Patrick Nyaga
Plaintiff
Isaac Kimathi Ikunga
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Expunge Party From Suit
Legal Issues
- 1 Whether the name of Cecilio Murango Mwenda should be expunged from the suit as a party.
- 2 Whether previous court orders had already withdrawn Mr. Mwenda from the suit.
Ratio Decidendi
The court found that it had already, by a previous ruling dated 28th May, 2018, withdrawn Cecilio Murango Mwenda from the suit. In light of this, and considering the applicant's cultural concerns and the absence of opposition, the court ordered that Mr. Mwenda's name should not be indicated as a party to the suit from that point forward. The court's decision was grounded in both the procedural history of the matter and the need to respect the applicant's cultural beliefs, provided that no injustice or prejudice would result to the other parties.
Court Disposition
application granted
Orders
- The name of Cecilio Murango Mwenda shall not be indicated as a party to this suit from now onwards.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 18 OF 2017
FORMERLY MERU ELC 66 OF 2016
CECILIO MURANGO MWENDA ................................................1ST PLAINTIFF
STEPHEN MUGAO MATHENGE................................................2ND PLAINTIFF
BERNARD NJERU........................................................................3RD PLAINTIFF
AGNES MUKOITI MUTHAMBI...................................................4TH PLAINTIFF
DAVID MWANGANGI GAICHU.................................................5TH PLAINTIFF
JOSHUA MWIRANGA NJAGI.....................................................6TH PLAINTIFF
NJERU PATRICK NYAGA............................................................7TH PLAINTIFF
VERSUS
ISAAC KIMATHI IKUNGA............................................................DEFENDANT
RULING
1. This matter came up on 25th March, 2019 for mention to confirm filing of apposite submissions and to fix a date for judgment.
2. The parties confirmed filing of submissions.
3. Advocate Cecilio Murango Mwenda, who was the 1st plaintiff, moved the court to order that his name be expunged from the suit. He asked the court to issue the order in the form of a clear ruling so that he is never mentioned as a party to the suit. He told the court that he shudders when this is done. He said that he had earlier on moved the court to be allowed to withdraw from the suit as according to Tharaka customs members of his clan and members of the defendant’s clan do not engage in suits where they are in opposite sides. He was categorical that curses would befall those persons who went against this custom.
4. I find that vide a ruling delivered by this court on 28th May, 2018, Mr. Mwenda’s name was withdrawn from the suit. In the circumstances, I order that the name of Mr. Cecilio Murango Mwenda should not be indicated as being party to this suit from now onwards.
5. It is so ordered.
Delivered in open Court at Chuka this 26th day of March, 2019 in the presence of:
CA: Ndegwa
Cecilio Murango Mwenda – original 1st Plaintiff
Miss Njenga h/b Kiogora Arithi for 2nd, 4th and 5th plaintiffs
Miss Nyaga for the defendant
P. M. NJOROGE
JUDGE.