[2022] KEELC 1738 (KLR)
The court exercised its discretion to grant the respondents and the interested party 30 days to file and exchange submissions, taking into account the complexity of the issues and the recent assignment of counsel to the matter. The court also directed the petitioners' advocate to serve the orders issued upon the...
Source-derived case information.
- Citation
- [2022] KEELC 1738 (KLR)
- Parties
- Applicant: Hon. Fatuma Dullo Adan & 5 Others; Respondent: Cabinet Secretary, Ministry of Lands & Physical Planning; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Petition 2 of 2021
- Procedural Posture
- Constitutional Petition / Directions Hearing; Interlocutory Orders on Submissions Timeline
- Outcome
- interlocutory orders issued; timelines for submissions set
- Legal Topics
- Land Administration, Right to Fair Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Fatuma Dullo Adan & 5 Others
Applicant
Cabinet Secretary, Ministry of Lands & Physical Planning
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Directions Hearing; Interlocutory Orders on Submissions Timeline
Legal Issues
- 1 Whether the respondents and interested party should be granted additional time to file and exchange submissions.
- 2 Whether the petitioners should serve the orders upon the interested party's advocate within a specified period.
Ratio Decidendi
The court exercised its discretion to grant the respondents and the interested party 30 days to file and exchange submissions, taking into account the complexity of the issues and the recent assignment of counsel to the matter. The court also directed the petitioners' advocate to serve the orders issued upon the advocate representing the interested party within 10 days, ensuring all parties are properly notified and afforded an opportunity to participate. These directions uphold the principles of fairness and procedural justice, allowing the matter to proceed efficiently while safeguarding the parties' rights to be heard.
Court Disposition
interlocutory orders issued; timelines for submissions set
Orders
- The petitioners’ advocate is directed to serve the orders issued today upon the advocate representing the interested party within 10 days.
- The respondents and the interested party are granted 30 days to file and exchange their submissions.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT AT ISIOLO
PETITION CASE NO. 002 OF 2021
HON. FATUMA DULLO ADAN & 5 OTHERS...........................................PETITIONERS
-VERSUS-
CABINET SECRETARY
MINISTRY OF LANDS & PHYSICAL PLANNING..........................1ST RESPONDENT
THE HON. ATTORNEY GENERAL....................................................2ND RESPONDENT
RULING
1. When this petition came up for directions, advocate Ashava told the court that the Petitioners had filed their submissions but the respondents and the interested party had not done so.
2. Senior State Counsel Kimathi for the AG told the court that Isiolo Matters had only been assigned to him last week. He asked the court to grant him 30 days to file and exchange his submissions as the issues involved were complex.
3. The following orders are issued:
1. The petitioners’ advocate is directed to serve the orders issued today upon the advocate representing the interested party within 10 days today.
2. The respondents and the interested party are granted 30 days to file and exchange their submissions.
3. With the concurrence of the advocates presents directions on 7th March, 2022.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 7TH DAY OF FEBRUARY, 2022 IN THE PRESENCE OF:
Court Assistant: Denge
Ashava h/b Korir for the Petitioners
Kimathi for AG for the respondents
Interested party not represented.
HON. JUSTICE P. M. NJOROGE
JUDGE