[2022] KEELC 2749 (KLR)
The court found that the application raised issues that required an inter partes hearing, particularly concerning the alleged error on the face of the record and the asserted conflict of interest involving the advocate for the 1st respondent. The court did not make a final determination on the merits of the...
Source-derived case information.
- Citation
- [2022] KEELC 2749 (KLR)
- Parties
- Applicant: Esther Michuki Kaunguru; Respondent: Nancy Nkuene Muthuia; Respondent: Martin Lubere
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E001 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Application for Review and Stay of Execution
- Outcome
- Application to be heard inter partes; directions issued for service and mention.
- Judges
- PM Njoroge
- Legal Topics
- Stay of Execution, Review of Court Orders, Conflict of Interest, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Michuki Kaunguru
Applicant
Nancy Nkuene Muthuia
Respondent
Martin Lubere
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Application for Review and Stay of Execution
Legal Issues
- 1 Whether there is an error apparent on the face of the record to warrant review of the rulings delivered on 14/02/2022 and 21/03/2022.
- 2 Whether there is sufficient reason, including conflict of interest, to justify review of the orders granted by the court.
- 3 Whether the applicant is entitled to a temporary stay of execution of the rulings and consequential orders pending inter partes hearing.
Ratio Decidendi
The court found that the application raised issues that required an inter partes hearing, particularly concerning the alleged error on the face of the record and the asserted conflict of interest involving the advocate for the 1st respondent. The court did not make a final determination on the merits of the application for review or stay but issued directions to ensure proper service and set a date for further directions. The operative reasoning was that the interests of justice required the parties to be heard before any substantive orders could be made, especially given the procedural and ethical concerns raised.
Court Disposition
Application to be heard inter partes; directions issued for service and mention.
Orders
- The applicant is directed to properly serve the other parties within 14 days of the ruling date.
- The parties are to appear in court for directions on 20/6/2022.
Full Case Text
Judgment text and source record
20 paragraphs
Kaunguru v Muthuia & another (Miscellaneous Application E001 of 2021) [2022] KEELC 2749 (KLR) (18 May 2022) (Ruling)
Neutral citation: [2022] KEELC 2749 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Miscellaneous Application E001 of 2021
PM Njoroge, J
May 18, 2022
Between
Esther Michuki Kaunguru
Applicant
and
Nancy Nkuene Muthuia
1st Respondent
Martin Lubere
2nd Respondent
Ruling
1. This Application is dated 17th May, 2022. It seeks the orders:1. Thatthis application be certified urgent.2. That this Court be pleased to grant temporary stay of execution of its Rulings delivered on 14/02/2022 and 21/03/2022 and all consequential orders pending the hearing and determination of this Application inter partes.3. Thatthis Court be pleased to review its Rulings delivered on 14/02/2022 and 21/03/2022. 4.Thatcosts of this application be provided for.
2. The Application is supported by the affidavit of Nancy Nkuene Muthuia, the 1st Respondent, sworn on 17th May, 2022 and has the following grounds:A.On 14th February, 2022 the Honourable Court delivered a ruling ELC Miscellaneous Application No. 001 of 2021 in particular ordering that there be a stay of execution of the decree of the Isiolo Magistrate ELC No. 17 of 2016 delivered on 27th July, 2021. B.A copy of the ruling delivered on 14/02/2022 evinces the conclusion that Counsel Nyenyire was present for the 1st Respondent, however the said advocate is not an advocate employed as such with the firm of Maitai Rimita & Co, Advocates.C.On 21st March, 2022 the Honourable Court delivered yet another ruling in the same Miscellaneous Application No. E001 of 2021 inter alia granting stay of execution of the decree of the Chief Magistrate Isiolo ELC No. 17 of 2916 delivered on 27th July 2021 pending the filing and determination for the applicant’s intended appeal.D.There was an error apparent on the face of the record to warrant a review of the orders granted in Isiolo Environment and Land Court as similar orders were declined by a court of concurrent jurisdiction in Meru Environment and Land Court to wit Meru ELC Misc. Application No. E21 of 2021. E.There is further sufficient reason to warrant review of the orders granted by the Honourable Court as a result of the conflict of interest occasioned by the Advocate acting for the 1st Respondent from the firm on record for the 1st Respondent, one Aoko Otieno, who was on record during delivery of the ruling of 21/03/2022, the same warranting her summary dismissal from the law firm on record for the 1st Respondent.F.The said Aoko Otieno has/is practicing in the name and stye of M/S Otieno A & CO as appreciated in the ruling of 21/03/2022 at paragraph 2 (e) therein.G.The conflict in paragraph (E) above is so eminent that the court in the impugned ruling of 21/03/2022 notes at paragraph 3 therein that the application subject of the impugned ruling was not opposed.
3. As the Application needs to be heard inter partes, the following orders are issued:a.The Applicant is directed to properly serve the other parties within 14 days of today.b.The parties will come to court for directions on 20/6/2022.
DELIVERED IN CHAMBERS AT ISIOLO THIS 18TH DAY OF MAY, 2022 IN THE PRESENCE:Court Assistant: BaloziHON. JUSTICE P. M. NJOROGEJUDGE