[2020] KEELC 2722 (KLR)
The court allowed the petitioners' unopposed application for directions, holding that it is just and expedient for the petition to proceed by way of written submissions. The court exercised its discretion to manage the proceedings efficiently, ensuring both parties have the opportunity to file and exchange all...
Source-derived case information.
- Citation
- [2020] KEELC 2722 (KLR)
- Parties
- Applicant: Koeleken Sandiko; Applicant: Salaton NandunguEnkop; Applicant: Parkire NandunguEnkop; Respondent: Attorney General; Respondent: Land Registrar, Narok County; Respondent: Land Adjudication Officer, Narok County; Respondent: Bikatu Ole Saoli & 67 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- ? 380 of 2017
- Procedural Posture
- Constitutional Petition / Ruling on Directions for Hearing of Petition
- Outcome
- Application for directions allowed. Directions issued for hearing of petition by written submissions.
- Judges
- MN Kullow
- Legal Topics
- Right to Property, Fair Administrative Action, Community Land Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Koeleken Sandiko
Applicant
Salaton NandunguEnkop
Applicant
Parkire NandunguEnkop
Applicant
Attorney General
Respondent
Land Registrar, Narok County
Respondent
Land Adjudication Officer, Narok County
Respondent
Bikatu Ole Saoli & 67 Others
Respondent
Procedural Posture
Constitutional Petition / Ruling on Directions for Hearing of Petition
Legal Issues
- 1 Whether the petition should proceed by way of written submissions.
- 2 Whether directions should be given for the exchange of documents and filing of submissions.
Ratio Decidendi
The court allowed the petitioners' unopposed application for directions, holding that it is just and expedient for the petition to proceed by way of written submissions. The court exercised its discretion to manage the proceedings efficiently, ensuring both parties have the opportunity to file and exchange all documents and submissions within set timelines. This approach upholds the principles of fair hearing and expeditious disposal of cases as enshrined in the Constitution and the Environment and Land Court Act.
Court Disposition
Application for directions allowed. Directions issued for hearing of petition by written submissions.
Orders
- The petition shall be heard by way of written submissions.
- Both petitioners and respondents shall file and exchange all documents they wish to rely on within 21 days.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
ELC PET. NO. 380 OF 2017
IN THE MATTER OF ARTICLE 22 (1)
IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTLA RIGHTS
AND FREEDOMS UNDER ARTICLES 27,40,47 AND 50 OF THE CONSTITUTION
AND
IN THE MATTER OF THE ENVIRONMENT AND LAND COURT ACT, 2011
KOELEKEN SANDIKO....................................................................1ST PETITIONER
SALATON NANDUNGUENKOP.....................................................2ND PETITIONER
PARKIRE NANDUNGUENKOP......................................................3RD PETITIONER
(on behalf of themselves and other members of the Ogiek Community)
-VERSUS-
ATTORNEY GENERAL..................................................................1ST RESPONDENT
LAND REGISTRAR, NAROK COUNTY.....................................2ND RESPONDENT
LAND ADJUDICATION OFFICER, NAROK COUNTY..........3RD RESPONDENT
AND
BIKATU OLE SAOLI & 67 OTHERS..................................INTERESTED PARTIES
RULING
By a Notice of Motion dated 5th April, 2019 the petitioners herein had filed a formal application seeking for directions on how the petition herein do proceed with the hearing of the substantive petition.
The application was not opposed by the respondent and in view of the above I will allow the application as prayed and do direct that the petition do proceed as hereunder: -
1. That the petition herein be heard by way of written submissions.
2. That both the petitioner and the respondents do file and exchange all documents that they wish to rely on within 21 days
3. That the petitioners do file and serve his submissions in respect of the petition within 30 days of exchange of all documents and the respondents to file their submissions within 21 days of the receipt of the petitioners’ submissions.
4. That the petition be mentioned within 14 days of the filing of submissions by both the petitioners and the respondents for the purposes of highlighting the said submissions.
DATED, SIGNED and DELIVERED ELECTRONICALLY on this 6th day of May, 2020.
Mohammed Kullow
Judge
6/5/2020
In the presence of:
CA:Chuma
N/A for the parties and their advocates
Mohammed Kullow
Judge
6/5/2020