[2023] KEELC 22094 (KLR)

[2023] KEELC 22094 (KLR)

The court found that the petitioners failed to demonstrate compliance with the court's previous orders issued on October 16, 2022, and did not provide proof that the respondents had been properly served with notice of the hearing date. In the absence of the petitioners in court and without evidence of service, the...

Source-derived case information.

Citation
[2023] KEELC 22094 (KLR)
Parties
Applicant: Mercy Nguta Gatobu; Applicant: Cyprian Kaume; Respondent: Leonard Kiarie Kinuthia; Respondent: The County Government of Isiolo
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Case Number
Environment & Land Petition 1 of 2022
Procedural Posture
Constitutional Petition / Ruling on Petition Dismissal
Outcome
petition dismissed for want of prosecution and non-compliance
Judges
PM Njoroge
Legal Topics
Service of Process, Compliance With Court Orders
Source Language
en
Land and Property Constitutional Law Service of Process Compliance With Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mercy Nguta Gatobu

Applicant

Cyprian Kaume

Applicant

Leonard Kiarie Kinuthia

Respondent

The County Government of Isiolo

Respondent

Procedural Posture

Constitutional Petition / Ruling on Petition Dismissal

Legal Issues

  1. 1 Whether the petitioners complied with previous court orders issued on October 16, 2022.
  2. 2 Whether the petitioners properly served the respondents with notice of the hearing date.
  3. 3 Whether the petition should be dismissed for want of prosecution or non-compliance.

Ratio Decidendi

The court found that the petitioners failed to demonstrate compliance with the court's previous orders issued on October 16, 2022, and did not provide proof that the respondents had been properly served with notice of the hearing date. In the absence of the petitioners in court and without evidence of service, the court was compelled to dismiss the petition for want of prosecution and non-compliance with procedural requirements. The court exercised its discretion to dismiss the petition and made no order as to costs.

Court Disposition

petition dismissed for want of prosecution and non-compliance

Orders

  • The petition is dismissed.
  • No order as to costs.