[2021] KEELC 293 (KLR)
The court determined that, due to non-compliance by the respondents in exchanging pleadings and the petitioners' compliance, there was no basis for consolidating Petition No. 207 of 2021 with any other petition at this stage. The court exercised its discretion to deny consolidation and issued fresh timelines for the...
Source-derived case information.
- Citation
- [2021] KEELC 293 (KLR)
- Parties
- Applicant: Hon. Fatuma Dullo & Others; Respondent: Cabinet Secretary, Ministry of Lands & Physical Planning; Respondent: The Attorney General; Respondent: County Government of Isiolo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 002 of 2021
- Procedural Posture
- Constitutional Petition / Directions Ruling
- Outcome
- Petition No. 207 of 2021 not consolidated; directions for exchange of submissions issued.
- Legal Topics
- Consolidation of Petitions, Exchange of Pleadings, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Fatuma Dullo & Others
Applicant
Cabinet Secretary, Ministry of Lands & Physical Planning
Respondent
The Attorney General
Respondent
County Government of Isiolo
Respondent
Procedural Posture
Constitutional Petition / Directions Ruling
Legal Issues
- 1 Whether Petition No. 207 of 2021 should be consolidated with any other petition.
- 2 Whether parties have complied with directions to exchange pleadings.
Ratio Decidendi
The court determined that, due to non-compliance by the respondents in exchanging pleadings and the petitioners' compliance, there was no basis for consolidating Petition No. 207 of 2021 with any other petition at this stage. The court exercised its discretion to deny consolidation and issued fresh timelines for the exchange of written submissions to ensure orderly progression of the matter. The directions were made by consent of counsel present, reflecting the need for procedural clarity and efficiency.
Court Disposition
Petition No. 207 of 2021 not consolidated; directions for exchange of submissions issued.
Orders
- Petition No. 207 of 2021 is not to be consolidated with any other petition.
- The petitioners to file and exchange written submissions within 14 days of the ruling date.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
PETITION. NO. 002 OF 2021
HON. FATUMA DULLO & OTHERS...............................PETITIONERS
VERSUS
CABINET SEC. MINISTRY OF LANDS
& PHYSICAL PLANNING ............................................1st RESPONDENT
THE ATTORNEY GENERAL.....................................2ND RESPONDENT
AND
COUNTY GOVERNMENT OF ISIOLO.............INTERESTED PARTY
RULING
1. On 8th November, 2021 advocates representing the parties agreed to exchange pleadings with a view to finding concurrence regarding if or if not Meru ELC Petition No. 207 of 2020 would be consolidated with Meru Petition 28 of 2019.
M/S Kungu, for the Attorney General undertook to start off the process of exchanging the apposite proceedings. The parties agreed to come back to court for further directions on 6/12/2021 but on that day the court was not sitting. Notices were properly issued for the parties to come to court for directions on 14/12/2021.
2. On 14/12/2021, M/S Kungu had not started off the process of exchanging pleadings. Only the petitioners’ advocate had done so.
3. In the circumstances, the following orders are issued:
a) Petition No. 207 of 2021 is not to be consolidated with any other petition
b) The petitioners to file and exchange written submissions within 14 days of today and the defendants to do so within 14 days after receipt of the petitioners’ written submissions.
c) By consent of counsels present, directions on 7/2/2022.
WRITTEN AND DELIVERED IN COURT AT ISIOLO THIS 14TH DAY OF DECEMBER, 2021 IN THE PRESENCE OF:
COURT ASSISTANT: BALOZI
DAVIS KORIR H/B MOSES KURGAT FOR THE PETITIONERS
NYENYIRE H/B M/S KUNGU FOR THE AG FOR THE 1ST AND 2ND RESPONDENTS
ASHAVA H/B ABUBAKAR FOR THE 3RD, 4TH AND 5TH PETITIONERS
…………………………………
HON. JUSTICE P. M. NJOROGE
E.L.C JUDGE, ISIOLO