[2017] KEELC 167 (KLR)
The court found that the consent entered into by the parties on 10th October 2017 was properly signed and binding upon the counsels. The court adopted the consent as its order, giving directions for the filing of responses and written submissions within specified timelines. The application dated 29th September 2017...
Source-derived case information.
- Citation
- [2017] KEELC 167 (KLR)
- Parties
- Applicant: John Ntoiti Mugambi, Emily Mutua K & Isaiah Mwitimungathia (Officials of the Isiolo Stageview Enterprises C.B.O, acting in the interest of its members); Respondent: Isiolo County Government; Respondent: The Inspector General of Police; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 14 of 2017
- Procedural Posture
- Constitutional Petition / Interlocutory Order on Consent and Directions
- Outcome
- Consent adopted as order of the court; directions issued for further conduct of the petition.
- Legal Topics
- Fundamental Rights Enforcement, Right to Property, Fair Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ntoiti Mugambi, Emily Mutua K & Isaiah Mwitimungathia (Officials of the Isiolo Stageview Enterprises C.B.O, acting in the interest of its members)
Applicant
Isiolo County Government
Respondent
The Inspector General of Police
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Order on Consent and Directions
Legal Issues
- 1 Whether the respondents have contravened the petitioners' fundamental rights under the Constitution.
- 2 Whether the consent entered by the parties is valid and binding.
Ratio Decidendi
The court found that the consent entered into by the parties on 10th October 2017 was properly signed and binding upon the counsels. The court adopted the consent as its order, giving directions for the filing of responses and written submissions within specified timelines. The application dated 29th September 2017 was abandoned by consent. The court further ordered that each party shall bear its own costs. The decision was based on the principle that a consent order, once properly executed, is binding on the parties and that procedural fairness requires all parties to be given an opportunity to present their cases through written submissions.
Court Disposition
Consent adopted as order of the court; directions issued for further conduct of the petition.
Orders
- Application of 09.10.17 marked as disposed in terms of the consent.
- Respondents to file their response within 14 days.
Full Case Text
Judgment text and source record
46 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
CONSTITUTION PETITION NO. 14 OF 2017
IN THE MATTER OF: ARTICLE 2, 3, 6, 10, 19,21,22,23,25,26,27,28,29,35,
37,40,43,47,48,50,165, 186 OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF:CONTRAVENTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS UNDER ARTICLE 26 (1), (3), 27(1), (2),28,29(C) (D) 17 ,40 & 43OF
THE CONSTITITUON AND RULE 11 ( C) AND 12 THE CONSTITUTIONOF
KENYA (PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS)
PRACTICE AND PROCEDURE RULE, 2013 AND ALL OTHER RELEVANT
ENABLING POWER & PROVISION OF THE LAWS OF KENYA.
AND
IN THE MATTER OF: ARTICLE 25 OF THE
UNIVERSAL
DECLARATION OF HUMAN RIGHTS
BETWEEN
JOHN NTOITI MUGAMBI, EMILY MUTUA K & ISAIAH
MWITIMUNGATHIA OFFICIALSOF THE ISIOLO
STAGEVIEWENTERPRISES
C.B.O (Acting intheinterest of its members)............PETITIONERS
AND
ISIOLO COUNTY GOVERNMENT..................1ST RESPONDENT
THE INSPECTOR GENERAL OF POLICE....2ND RESPONDENT
THE HON. ATTORNEY GENERAL..................3RD RESPONDENT
CONSENT /ORDER
1. On 10:10:17 the advocates in this matter proffered the following Consent, which they asked the Court to adopt as its order.
"By Consent Application of the 09. 10. 17 is marked as disposed in terms of the consent”.
FURTHER ORDERS:-
a. Respondents are given 14 days to put in their Response.
b. The Petition to be heard by way of Written Submissions.
c. Petitioners to file their submission within 7 days from date of service.
d. Respondent to file submissions thereafter within 7 days (from date of service of the submissions.
e. Mention for submissions on 14. 11. 17.
f. Application of 29. 09. 17 abandoned.
2. I find that the Consent is properly signed and is binding upon the Counsels.
3. Parties shall bear their own costs.
4. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 10TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
Ashaba for Applicant/Petitioners present
Mutuma for 1st Respondent present
2nd and 3rd Respondent in person absent
HON. L. N. MBUGUA
ELC JUDGE