[2024] KEELC 6720 (KLR)
The court found that the parties, through their respective counsels, had reached a consent regarding the timeline for confirming compliance with the judgment and decree. The consent was duly signed and presented to the court without objection. The court held that it is proper to adopt such a consent as an order of...
Source-derived case information.
- Citation
- [2024] KEELC 6720 (KLR)
- Parties
- Applicant: Joseph Lorunyei Kuwam; Applicant: John Oyan Lusuru; Applicant: Joyce Nairesia Lesegi; Applicant: Ali Hassan Mohammed; Applicant: Kuresha Bille Mohammed; Applicant: Mary Kepen Mbatia; Respondent: The Cabinet Sec. Min. of Defence; Respondent: The Cabinet Sec. Min. of Interior & Coordination of the National Government; Respondent: The Cabinet Sec Min. of Lands; Respondent: The County Commissioner, Isiolo County; Respondent: The County Government of Isiolo; Respondent: The Honourable Attorney General of the Republic of Kenya; Respondent: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 004 of 2021
- Procedural Posture
- Environment and Land Petition / Post Judgment Compliance Directions
- Outcome
- Consent adopted as order; parties to appear for compliance confirmation.
- Judges
- PM Njoroge
- Legal Topics
- Judgment Compliance, Consent Orders, Land Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Lorunyei Kuwam
Applicant
John Oyan Lusuru
Applicant
Joyce Nairesia Lesegi
Applicant
Ali Hassan Mohammed
Applicant
Kuresha Bille Mohammed
Applicant
Mary Kepen Mbatia
Applicant
The Cabinet Sec. Min. of Defence
Respondent
The Cabinet Sec. Min. of Interior & Coordination of the National Government
Respondent
The Cabinet Sec Min. of Lands
Respondent
The County Commissioner, Isiolo County
Respondent
The County Government of Isiolo
Respondent
The Honourable Attorney General of the Republic of Kenya
Respondent
National Land Commission
Respondent
Procedural Posture
Environment and Land Petition / Post Judgment Compliance Directions
Legal Issues
- 1 Whether the parties have complied with the court's judgment and decree.
- 2 Whether the court should adopt the parties' consent on compliance timelines as an order.
Ratio Decidendi
The court found that the parties, through their respective counsels, had reached a consent regarding the timeline for confirming compliance with the judgment and decree. The consent was duly signed and presented to the court without objection. The court held that it is proper to adopt such a consent as an order of the court, as it facilitates the orderly enforcement of the judgment and ensures all parties are bound by the agreed compliance process. The court therefore adopted the consent as its order and directed the parties to appear before it on the specified date to confirm compliance.
Court Disposition
Consent adopted as order; parties to appear for compliance confirmation.
Orders
- The consent dated and signed by the parties' counsels is adopted as an order of the court.
- Parties are directed to appear before the court on 12th May, 2025 to confirm compliance with the judgment/decree.
Full Case Text
Judgment text and source record
41 paragraphs
Kuwam & 5 others v Cabinet Sec. Min. of Defence & 6 others (Environment & Land Petition 004 of 2021) [2024] KEELC 6720 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6720 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Petition 004 of 2021
PM Njoroge, J
October 14, 2024
Between
Joseph Lorunyei Kuwam
1st Petitioner
John Oyan Lusuru
2nd Petitioner
Joyce Nairesia Lesegi
3rd Petitioner
Ali Hassan Mohammed
4th Petitioner
Kuresha Bille Mohammed
5th Petitioner
Mary Kepen Mbatia
6th Petitioner
and
The Cabinet Sec. Min. of Defence
1st Respondent
The Cabinet Sec. Min. of Interior & Coordination of the National Government
2nd Respondent
The Cabinet Sec Min. of Lands
3rd Respondent
The County Commissioner, Isiolo County
4th Respondent
The County Government of Isiolo
5th Respondent
The Honourable Attorney General of the Republic of Kenya
6th Respondent
National Land Commission
7th Respondent
Ruling
1. After delivery of the Judgment, counsels representing the parties who were present in court asked the court to give the parties a mention date to gauge the progress of compliance with the courts Judgment. They proffered the following consent and asked the court to adopt it as its order.ConsentBy consent,Parties agree to appear before court to confirm compliance with the Judgment/Decree of the court within 6 months.
2. The consent is duly signed by counsels who were present in court.
3. The consent is adopted as an order of this court.
4. Parties are directed to come to court on 12th May, 2025 to confirm compliance with the Judgment.
DELIVERED IN OPEN COURT AT ISIOLO THIS 14TH DAY OF OCTOBER, 2024 IN THE PRESENCE OF:HON. P.M. NJOROGEJUDGECA: Balozi/ RahmaAbubakar present for the Petitioners.Major Kiiru for the 1st Respondent.Benjamin Kimathi for the 2nd, 3rd, 4th and 6th Respondents.Mwirigi holding brief for the 5th Respondent.