[2017] KEELC 1047 (KLR)
The court found that the petitioner had disobeyed its order to file written submissions within the prescribed period and had failed to prosecute the petition. The court emphasized the importance of compliance with procedural orders for the efficient administration of justice. As a result, the petition was dismissed...
Source-derived case information.
- Citation
- [2017] KEELC 1047 (KLR)
- Parties
- Applicant: Kinyua M’Ibua M’Muraku; Respondent: Tharaka Nithi County Government; Respondent: Deputy Commissioner, Tharaka Nithi; Respondent: District Land Adjudication & Settlement Officer, Tharaka South/North Districts; Respondent: The Hon. Attorney General; Respondent: The Minister for Land, Housing & Urban Development
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 02 of 2017
- Procedural Posture
- Constitutional Petition / Ruling on Dismissal for Non Prosecution
- Outcome
- petition dismissed for non-prosecution and disobedience of court orders
- Legal Topics
- Compulsory Acquisition, Right to Property, Judicial Review, Procedural Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua M’Ibua M’Muraku
Applicant
Tharaka Nithi County Government
Respondent
Deputy Commissioner, Tharaka Nithi
Respondent
District Land Adjudication & Settlement Officer, Tharaka South/North Districts
Respondent
The Hon. Attorney General
Respondent
The Minister for Land, Housing & Urban Development
Respondent
Procedural Posture
Constitutional Petition / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the petition should be dismissed for failure to comply with court orders and non-prosecution.
- 2 Whether the petitioner was deprived of land without due process or compensation.
Ratio Decidendi
The court found that the petitioner had disobeyed its order to file written submissions within the prescribed period and had failed to prosecute the petition. The court emphasized the importance of compliance with procedural orders for the efficient administration of justice. As a result, the petition was dismissed for non-compliance and want of prosecution, with costs awarded to the 1st respondent. The substantive constitutional and land issues raised in the petition were not determined due to the procedural default by the petitioner.
Court Disposition
petition dismissed for non-prosecution and disobedience of court orders
Orders
- The petition is dismissed.
- Costs are awarded to the 1st respondent.
Full Case Text
Judgment text and source record
52 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC PETITION CASE NO 02 OF 2017
IN THE MATTER OF CONSTITUTION OF KENYA
AND
IN THE MATTER OF VIOLATION OF PROVISIONS OF THE BILL OF RIGHTS
AND
ENFORCEMENT OF THE SAME
UNDER ARTICLE 23 (1) & (3), 258 (1) CONSTITUTION OF KENYA
AND
RULE 19 OF SIXTH SCHEDULE OF THE TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
BETWEEN
KINYUA M’IBUA M’MURAKU....................................................................................PETITIONER
AND
THARAKA NITHI COUNTY GOVERNMENT...................................................1ST RESPONDENT
DEPUTY COMMISSIONER, THARAKA NITHI.............................................2ND RESPONDENT
DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER, THARAKA
SOUTH/NORTH DISTRICTS..........................................................................3RD RESPONDENT
THE HON. ATTORNEY GENERAL..................................................................4TH RESPONDENT
THE MINISTER FOR LAND, HOUSING & URBAN DEVELOPMENT.........5TH RESPONDENT
RULING
1. This petition states as follows:
PETITION
To the High Court of Kenya
The Humble Petition of Kinyua M’Ibua M’Muraku of P. O. Box 2387-60200, Meru in the Republic of Kenya who petitions as follows:-
1. The Petitioner is an adult person of sound mind residing and earning living in Tharaka North County. Service for the purpose of this petition is C/O CHARLES KARIUKI & CO. ADVOCATES
NJURI NCHEKE STREET,
KCB BUUILDING, 1ST FLOOR,
P. O. BOX 2387-60200,
MERU.
2. The 1st Respondent is a Local Authority under Local Government Act services shall be through the Petitioners Advocate offices.
3. The 2nd and 3rd Respondents are departments of Government. Service is through the offices of the 4th Respondent who is the Government Chief Legal Adviser.
4. The 1st Respondent with the aid of 2nd and 3rd Respondents have taken 2. 60 Ha of Petitioner’s parcel of land excised from his South Tharaka/Kamanyaki/”A”/354 and left him with the balance in Nos original No.354 and a new No. 481.
5. The matter went to the 3rd Respondent by way of objection No. 54 and 72 but he affirmed without justification that the 1st Respondent to get from land 1/3 of the petitioner’s whole land.
6. The matter went to the 2nd Respondent representing the Minister on delegated authority who affirmed the above verdict of the 3rd Respondent.
7. The 2 decisions are devoid of merit and unconstitutional as they deprived the Petitioner his 2. 60 Ha without following the laid down procedure nor did they compensate him as required by the law.
YOUR PETITIONER, therefore humbly prays that:-
(a) An order of judicial review to quash the decisions of the 2nd and 3rd Respondents and land parcel No. S. THARAKA/KAMANYAKI/272 revert back to Petitioner. Alternatively Petitioner be fully and promptly compensated for the 2. 60 Ha acquired by the 1st Respondent.
(b) Costs and interests
DATED AT MERU THIS 20TH DAY OF SEPTEMBER, 2012
FOR:CHARLES KARIUKI & CO.
ADVOCATES FOR THE PETITIONER
2. On 21. 11. 2017, Mr. Murango Mwenda told the court that the Petitioner had ignored the court’s order to file his written submissions within 14 days of 2. 11. 2017 to enable the respondents to respond. As the petitioner had not done so, he asked the court to dismiss the petition for disobedience of court orders and for non prosecution.
3. I agree that the petitioner has disobeyed this court’s order and has failed to prosecute his petition.
4. In the circumstances, this petition is dismissed.
5. Costs are awarded to the 1st Respondent.
6. It is so ordered.
Delivered in open court at Chuka this 21st day of November, 2017 in the presence of:
CA: Ndegwa
Murango Mwenda for the 1st Respondent
P.M. NJOROGE,
JUDGE.