[2023] KEELC 17523 (KLR)
The court determined that, due to the similarity of facts, causes of action, and principal defendants in this case and in ELC No 265 of 2018 and ELC No 267 of 2018, it is appropriate to defer the delivery of judgment in the present case until the hearings in the related cases are concluded. This approach will allow...
Source-derived case information.
- Citation
- [2023] KEELC 17523 (KLR)
- Parties
- Plaintiff: Ethics and Anti Corruption Commission; Defendant: William Kimaru; Defendant: Noreen Shariff - Choge Eva Cherogony Byron Kipngetich Gawon Choge (Sued As Administrators Of The Estate Of Jim Choge (Deceased)); Defendant: Wilson Gachanja
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 266 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Scheduling of Judgment
- Outcome
- Judgment in this case deferred; to be delivered together with judgments in ELC No 265 of 2018 and ELC No 267 of 2018 after conclusion of their hearings.
- Judges
- FM Njoroge
- Legal Topics
- Case Consolidation, Judgment Scheduling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ethics and Anti Corruption Commission
Plaintiff
William Kimaru
Defendant
Noreen Shariff - Choge Eva Cherogony Byron Kipngetich Gawon Choge (Sued As Administrators Of The Estate Of Jim Choge (Deceased))
Defendant
Wilson Gachanja
Defendant
Procedural Posture
Environment and Land Case / Ruling on Scheduling of Judgment
Legal Issues
- 1 Whether the judgment in this case should be delivered separately or together with related cases due to similarity of facts and parties.
Ratio Decidendi
The court determined that, due to the similarity of facts, causes of action, and principal defendants in this case and in ELC No 265 of 2018 and ELC No 267 of 2018, it is appropriate to defer the delivery of judgment in the present case until the hearings in the related cases are concluded. This approach will allow the judgments to be read together, promoting consistency and judicial efficiency.
Court Disposition
Judgment in this case deferred; to be delivered together with judgments in ELC No 265 of 2018 and ELC No 267 of 2018 after conclusion of their hearings.
Orders
- Judgment scheduled for today in ELC No 266 of 2018 will not be delivered.
- Judgment in this case shall await the conclusion of the hearing of ELC No 265 of 2018 and ELC No 267 of 2018 so that they may be read together.
Full Case Text
Judgment text and source record
20 paragraphs
Ethics and Anti Corruption Commission v Kimaru & 2 others (Environment & Land Case 266 of 2018) [2023] KEELC 17523 (KLR) (18 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17523 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 266 of 2018
FM Njoroge, J
May 18, 2023
Between
Ethics and Anti Corruption Commission
Plaintiff
and
William Kimaru
1st Defendant
Noreen Shariff - Choge Eva Cherogony Byron Kipngetich Gawon Choge (Sued As Administrators Of The Estate Of Jim Choge (Deceased)
2nd Defendant
Wilson Gachanja
3rd Defendant
Ruling
1. After hearing the evidence of PW1 – PW4 in ELC No 265 of 2018 and ELC No 267 of 2018 , this court has noted that due to similarity of both facts and cause of action as well as the principal defendants involved in this suit and in those two other cases which are not concluded, the judgments in the two matters should be read at the same time and hence the judgment scheduled to be read today in ELC No 266 of 2018 will not be delivered today, but shall await the conclusion of the hearing of ELC No 265 of 2018 and ELC No 267 of 2018 so that they may be read together.
DATED, SIGNED AND DELIVERED AT NAKURU VIA ELECTRONIC MAIL ON THIS 18TH DAY OF MAY 2023. MWANGI NJOROGEJUDGE, ELC, NAKURU