[2020] KEELC 3840 (KLR)
The court, exercising its supervisory jurisdiction, issued directions to ensure compliance with its previous orders regarding the land in dispute. The plaintiffs' advocate is required to update the court on efforts to involve the Attorney General, while the new Registrar is summoned to explain the failure to...
Source-derived case information.
- Citation
- [2020] KEELC 3840 (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 2017
- Procedural Posture
- Land and Environment Case / Post Judgment Directions
- Outcome
- Directions issued for compliance and further mention.
- Legal Topics
- Implementation of Court Orders, Land Dispute, Post Judgment Procedure
- 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
Land and Environment Case / Post Judgment Directions
Legal Issues
- 1 Whether the plaintiffs' advocate has complied with the court's previous order to contact the Attorney General regarding the matter.
- 2 Whether the new Registrar has complied with the court orders concerning the land in dispute and, if not, the reasons for non-implementation.
Ratio Decidendi
The court, exercising its supervisory jurisdiction, issued directions to ensure compliance with its previous orders regarding the land in dispute. The plaintiffs' advocate is required to update the court on efforts to involve the Attorney General, while the new Registrar is summoned to explain the failure to implement the court's orders. These steps are necessary to enforce the authority of the court and uphold the rule of law in land disputes.
Court Disposition
Directions issued for compliance and further mention.
Orders
- Plaintiffs' advocate to contact the Attorney General as previously ordered and report back to court on 18.2.2020.
- The new Registrar in charge of the area where the land in dispute is situated is directed to attend court on 18.2.2020 to explain non-implementation of court orders.
Full Case Text
Judgment text and source record
25 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 for post-judgment directions on 29th January, 2020.
2. The following directions/orders were issued.
1. Plaintiffs’ advocate, Kiogora Arithi to contact the AG as ordered on 11. 12. 2019 and report back to court on developments in this matter on 18. 2.2020.
2. Mr. Erick Murefu, the new Registrar in charge of the area where the land in dispute is situated is directed to come to court on 18. 2.2020 so that he can explain to court why court orders have not been implemented.
3. Directions on 18. 2.2020
Delivered in open Court at Chuka this 29th day of January, 2020 in the presence of:
CA: Ndegwa
Miss Nyaga present for the defendant
Majau h/b Kiogora Arithi for the plaintiffs
P. M. NJOROGE, JUDGE.