[2022] KEELC 1891 (KLR)
The court determined that it is necessary to carefully consider all the issues raised in the application before making a decision on whether to recommend the empanelment of a three Judge Bench. The court declined to summarily dismiss the application as urged by the respondents, finding that the issues may require...
Source-derived case information.
- Citation
- [2022] KEELC 1891 (KLR)
- Parties
- Applicant: Leruk Murusi & 12 Others; Respondent: County Government of Marsabit; Respondent: Chief of the Kenya Defence Forces; Respondent: Cabinet Secretary, Ministry of Defence; Respondent: Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Petition 7 of 2021
- Procedural Posture
- Constitutional Petition / Interlocutory Application for Empanelment of Three Judge Bench
- Outcome
- Ruling reserved; no final determination on empanelment application at this stage.
- Legal Topics
- Empanelment of Three Judge Bench, Constitutional Petitions, Land Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leruk Murusi & 12 Others
Applicant
County Government of Marsabit
Respondent
Chief of the Kenya Defence Forces
Respondent
Cabinet Secretary, Ministry of Defence
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application for Empanelment of Three Judge Bench
Legal Issues
- 1 Whether the issues raised in the petition warrant the empanelment of a three Judge Bench under Article 165(4) of the Constitution.
- 2 Whether the issues before the court are straightforward or raise substantial questions of law.
Ratio Decidendi
The court determined that it is necessary to carefully consider all the issues raised in the application before making a decision on whether to recommend the empanelment of a three Judge Bench. The court declined to summarily dismiss the application as urged by the respondents, finding that the issues may require further scrutiny. Accordingly, the court reserved its ruling on the application and scheduled a date for delivery of the ruling.
Court Disposition
Ruling reserved; no final determination on empanelment application at this stage.
Orders
- Ruling on the application for empanelment of a three Judge Bench to be delivered on 28th March, 2022.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT AT ISIOLO
PETITION NO. 007 OF 2021
LERUK MURUSI & 12 OTHERS...................................................PETITIONERS
-VERSUS-
COUNTY GOVERNMENT OF MARSABIT..........................1ST RESPONDENT
THE CHIEF OF THE KENYA
DEFENCE FORCES.................................................................2ND RESPONDENT
THE CABINET SECRETARY
MINISTRY OF DEFENCE.......................................................3RD RESPONDENT
THE HON. ATTORNEY GENERAL......................................4TH RESPONDENT
RULING
1. Submissions concerning an application by the 9th to 17th Petitioners to have this court to recommend the empanelment of a three Judge Bench were highlighted on 31/1/2022. Colonel Mugira for the 2nd and 3rd respondents told the court that the pertinent issues were straight forward and, therefore, urged the court to dismiss the application right away.
2. I have perused the submissions filed by the parties. I find that it is necessary to carefully consider all the issues in this matter.
3. As a consequence, I will deliver a ruling on 28th March, 2022.
DELIVERED IN OPEN COURT AT ISIOLO THIS 31ST DAY OF JANUARY, 2022 IN THE PRESENCE OF:
Court Assistant: Denge
Katwa Kigen for the 1st and 8th Petitioners
Colonel Mugira for 2nd and 3rd Respondents
Kimathi for the 4th Respondent
HON. JUSTICE P. M. NJOROGE
ELC JUDGE, ISIOLO