[2023] KEELC 20580 (KLR)
The court found that a scene visit to the specified parcels would assist in the just determination of the consolidated petitions, as the parcels had not been previously visited and the facts on the ground needed to be ascertained. The court noted that no party would suffer prejudice from the visit, as parties who...
Source-derived case information.
- Citation
- [2023] KEELC 20580 (KLR)
- Parties
- Applicant: Stanely Kailutha; Applicant: Kanyili Francis; Applicant: Benard Kimathi; Applicant: Geoffrey Aburuki; Applicant: Joseph Mugambi; Respondent: The Adjudication Officer Ruiri/Rwarera Adjudication Section; Respondent: The Land Registrar Meru Central District; Respondent: The Honourable Attorney General; Interested Party: Justus M’ikiao M’muthuri; Interested Party: Robert Mongo; Interested Party: M’minyori M’kiria Mememba; Interested Party: Wilson Kinyua Mutua; Interested Party: Amon Muthamia Igweta; Interested Party: Justus MbaabuIkamati; Interested Party: Jane Karambu Ikamati; Interested Party: Jeremano Samaki M’arithi; Interested Party: Peter Mugambi Mucheki; Interested Party: Peter Kenneth Muthuri; Interested Party: David Kirimi Mwithimbu; Interested Party: Danielkibiti M’gachara; Interested Party: Abdi Hassan Guyo; Interested Party: Philip Kangethe
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 3 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Scene Visit
- Outcome
- application allowed
- Judges
- CK Yano
- Legal Topics
- Scene Visit, Adjudication Section, Consolidated Petitions, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stanely Kailutha
Applicant
Kanyili Francis
Applicant
Benard Kimathi
Applicant
Geoffrey Aburuki
Applicant
Joseph Mugambi
Applicant
The Adjudication Officer Ruiri/Rwarera Adjudication Section
Respondent
The Land Registrar Meru Central District
Respondent
The Honourable Attorney General
Respondent
Justus M’ikiao M’muthuri
Interested Party
Robert Mongo
Interested Party
M’minyori M’kiria Mememba
Interested Party
Wilson Kinyua Mutua
Interested Party
Amon Muthamia Igweta
Interested Party
Justus MbaabuIkamati
Interested Party
Jane Karambu Ikamati
Interested Party
Jeremano Samaki M’arithi
Interested Party
Peter Mugambi Mucheki
Interested Party
Peter Kenneth Muthuri
Interested Party
David Kirimi Mwithimbu
Interested Party
Danielkibiti M’gachara
Interested Party
Abdi Hassan Guyo
Interested Party
Philip Kangethe
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Scene Visit
Legal Issues
- 1 Whether the court should grant an order for a scene visit to specified land parcels in a consolidated petition.
- 2 Whether the applicants should bear the costs of the scene visit.
Ratio Decidendi
The court found that a scene visit to the specified parcels would assist in the just determination of the consolidated petitions, as the parcels had not been previously visited and the facts on the ground needed to be ascertained. The court noted that no party would suffer prejudice from the visit, as parties who had already testified could reopen their cases if necessary. The application was not opposed on merit by most parties, and those who did oppose only objected to the timing and costs. The court exercised its discretion to allow the application for a scene visit, with the condition that the applicants bear the costs of the visit. The court directed that a report be filed within 30...
Court Disposition
application allowed
Orders
- The notice of motion dated July 31, 2023 is allowed in terms of prayers 1 and 2.
- A scene visit to the specified parcels shall be conducted by the Deputy Registrar.
Full Case Text
Judgment text and source record
63 paragraphs
Kailutha & 4 others v Adjudication Officer Ruiri/Rwarera Adjudication Section & 2 others; M’muthuri & 13 others (Interested Parties) (Environment & Land Petition 3 of 2020) [2023] KEELC 20580 (KLR) (11 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20580 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment & Land Petition 3 of 2020
CK Yano, J
October 11, 2023
Between
Stanely Kailutha
1st Petitioner
Kanyili Francis
2nd Petitioner
Benard Kimathi
3rd Petitioner
Geoffrey Aburuki
4th Petitioner
Joseph Mugambi
5th Petitioner
and
The Adjudication Officer Ruiri/Rwarera Adjudication Section
1st Respondent
The Land Registrar Meru Central District
2nd Respondent
The Honourable Attorney General
3rd Respondent
and
Justus M’ikiao M’muthuri
Interested Party
Robert Mongo
Interested Party
M’minyori M’kiria Mememba
Interested Party
Wilson Kinyua Mutua
Interested Party
Amon Muthamia Igweta
Interested Party
Justus MbaabuIkamati
Interested Party
Jane Karambu Ikamati
Interested Party
Jeremano Samaki M’arithi
Interested Party
Peter Mugambi Mucheki
Interested Party
Peter Kenneth Muthuri
Interested Party
David Kirimi Mwithimbu
Interested Party
Danielkibiti M’gachara
Interested Party
Abdi Hassan Guyo
Interested Party
Philip Kangethe
Interested Party
Ruling
1. This matter was consolidated with Petition No. 2 of 2019 and the same are now heard together. The matter is part heard. Indeed, the petitioners in Petition No. 2 of 2019 has already closed his case and matter was scheduled for further hearing. However by notice of motion application dated 31st July, 2023, Stanley Kailutha Kailutha, the 1st petitioner in petition no. 3 of 2020 is seeking for an order to issue directing the Deputy Registrar of this court to conduct a scene visit on land Parcel No. Ruiri/Rwarera Adjudication Section 750, 752, 815, 831, 2447, 2969, 3999, 5670, 5997, and 6266 to establish who is in occupation of the suit land, developments thereon, installations on the ground and file a report.
2. The application is premised on the grounds thereon and supported by the affidavit of Stanley Kailutha, the applicant sworn on July 31, 2023 wherein he avers that the petition was consolidated with petition No. 2 of 2019 and the two are now heard together. That prior to the order for consolidation, a scene visit had been conducted on petition No. 2 of 2019 and facts on the ground were ascertained. The applicant now wants scene visit on the parcels referred to above as they were never visited during the earlier visit.
3. The application is opposed by the 5th, 10th, 11th and 14th interested parties in petition No. 3 of 2020 vide a replying affidavit dated 5th September,2023 sworn by Philip Kangethe, the 14th interested party. It is their contention that the application for scene visit should have been raised at the pre-trial stage before the suit was consolidated and set down for hearing. It is therefore their contention that the application is an afterthought and a delaying tactic. The said interested parties aver that in the event the court allows the application, the costs of the scene visit should be borne by the applicants.
4. The other parties to the suits are not opposed to the application but want the applicants to meet the costs of the intended scene visit.
5. The court has considered the application and the submissions made. The only issue for determination is whether or not the orders sought in the application should be allowed as prayed. As already stated, this is a consolidated suit. It is not disputed that a scene visit has been made and a report filed in respect of parcels in one of the petitions. Considering that the envisaged visit report may assist the court in arriving at a just decision, and further considering that no prejudice will be suffered by any party because of the envisaged visit, since the parties who have already testified and closed their case may re-open it and costs, I will allow the application for scene visit as prayed. The applicants will however meet the costs of the said visit.
6. In the result, the notice of motion dated July 31, 2023 is allowed in terms of prayers 1 and 2 thereof. A report to be filed within 30 days. The applicants shall meet the costs of the scene visit.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT MERU THIS 11TH DAY OF OCTOBER, 2023. C.K YANOJUDGE