[2022] KEELC 3676 (KLR)
The court found that none of the parties had complied with its previous orders regarding service of orders and filing of submissions. To ensure the matter progresses, the court reiterated its earlier directions, requiring the petitioners to serve the orders upon the interested party and respondents within seven...
Source-derived case information.
- Citation
- [2022] KEELC 3676 (KLR)
- Parties
- Applicant: Fatuma Dullo & others; Respondent: Cabinet Sec Ministry of Lands and Physical Planning; Respondent: Attorney General; Respondent: County Government of Isiolo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Petition 002 of 2021
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling
- Outcome
- Further directions issued to ensure compliance with previous orders; no final determination on the merits.
- Judges
- PM Njoroge
- Legal Topics
- Service of Court Orders, Filing of Submissions, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fatuma Dullo & others
Applicant
Cabinet Sec Ministry of Lands and Physical Planning
Respondent
Attorney General
Respondent
County Government of Isiolo
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling
Legal Issues
- 1 Whether the parties complied with previous court orders regarding service and filing of submissions.
- 2 What further directions should be issued to ensure compliance and progress of the petition.
Ratio Decidendi
The court found that none of the parties had complied with its previous orders regarding service of orders and filing of submissions. To ensure the matter progresses, the court reiterated its earlier directions, requiring the petitioners to serve the orders upon the interested party and respondents within seven days, and granting all parties fourteen days to file and exchange submissions. The court further fixed a date for directions to monitor compliance and move the petition forward.
Court Disposition
Further directions issued to ensure compliance with previous orders; no final determination on the merits.
Orders
- Petitioners to serve the orders issued by the court today upon the interested party and respondents within 7 days.
- All parties are granted a period of 14 days to file and exchange their submissions.
Full Case Text
Judgment text and source record
24 paragraphs
Dullo & others v Cabinet Sec Ministry of Lands and Physical Planning & another; County Government of Isiolo (Interested Party) (Petition 002 of 2021) [2022] KEELC 3676 (KLR) (6 June 2022) (Ruling)
Neutral citation: [2022] KEELC 3676 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Petition 002 of 2021
PM Njoroge, J
June 6, 2022
Between
Fatuma Dullo & others
Petitioner
and
Cabinet Sec Ministry of Lands and Physical Planning
1st Respondent
Attornery General
2nd Respondent
and
County Government of Isiolo
Interested Party
Ruling
1. On December 14, 2021, the court delivered a ruling which directed the parties to file submissions within stipulated times. To date this has not been done.
2. On March 7, 2022, this court issued the following orders:1. Petitioners to serve the orders issued today by the court upon the orders interested party within 7 days of today.2. All parties are granted a period of 14 days to file and exchange submissions.3. With the concurrence of counsel present, directions on March 28, 2022.
3. Once again, these orders were not implemented.
4. The following orders are hereby issued:a.As directed on March 7, 2022, the petitioners are directed to serve the orders issued by the court today upon the interested party. They are also directed to serve the orders issued by the court today upon the respondents within 7 days of today.b.All parties are granted a period of 14 days to file and exchange their submissions.c.Directions on June 27, 2022.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 6TH DAY OF JUNE, 2022 IN THE PRESENCE OF:Court assistant: BaloziMiss Nyasani for the petitioners.HON JUSTICE PM NJOROGEJUDGE