[2022] KEELC 3914 (KLR)
The court found it necessary to issue directions to facilitate the expeditious hearing of the contempt application. The court accepted the undertaking by senior counsel Katwa Kigen to serve the mention date on all absent parties and ordered all respondents to file and exchange written submissions within ten days....
Source-derived case information.
- Citation
- [2022] KEELC 3914 (KLR)
- Parties
- Applicant: Leruk Murusi; Applicant: Lecheku Arigele; Applicant: Lekono Bernard; Applicant: Leado Stephen Lterias; Applicant: Ltetian Lerupes; Applicant: Jimmy Leneepe; Applicant: James Marleni; Applicant: Lpirikon Neepe; Applicant: Patrick Kuraki; Applicant: Samuel Loibarban; Applicant: Francis Leaduma; Applicant: Daniel Burcha; Applicant: Asunta; Applicant: Lenjododo Maidat Lolbalanga; Applicant: Leteyon Nure; Applicant: Rendille Professional Association; Respondent: County Government of Marsabit; Respondent: Chief of the Kenya Defence Forces; Respondent: Cabinet Secretary Ministry of Defence; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Petition 007 of 2021
- Procedural Posture
- Constitutional Petition / Directions on Contempt Application
- Outcome
- Directions issued for service, filing of submissions, and mention for further directions.
- Judges
- PM Njoroge
- Legal Topics
- Contempt of Court, Case Management, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leruk Murusi
Applicant
Lecheku Arigele
Applicant
Lekono Bernard
Applicant
Leado Stephen Lterias
Applicant
Ltetian Lerupes
Applicant
Jimmy Leneepe
Applicant
James Marleni
Applicant
Lpirikon Neepe
Applicant
Patrick Kuraki
Applicant
Samuel Loibarban
Applicant
Francis Leaduma
Applicant
Daniel Burcha
Applicant
Asunta
Applicant
Lenjododo Maidat Lolbalanga
Applicant
Leteyon Nure
Applicant
Rendille Professional Association
Applicant
County Government of Marsabit
Respondent
Chief of the Kenya Defence Forces
Respondent
Cabinet Secretary Ministry of Defence
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Directions on Contempt Application
Legal Issues
- 1 Whether parties have complied with previous court directions regarding the contempt application.
- 2 Whether proper service of mention date has been effected on all parties.
- 3 Whether timelines for filing and exchanging submissions should be set.
Ratio Decidendi
The court found it necessary to issue directions to facilitate the expeditious hearing of the contempt application. The court accepted the undertaking by senior counsel Katwa Kigen to serve the mention date on all absent parties and ordered all respondents to file and exchange written submissions within ten days. The court fixed the matter for mention for further directions, emphasizing the importance of compliance with procedural requirements and service to ensure all parties are accorded a fair opportunity to participate in the proceedings.
Court Disposition
Directions issued for service, filing of submissions, and mention for further directions.
Orders
- Senior counsel Katwa Kigen to serve the next mention date upon all absent parties.
- All respondents to file and exchange written submissions within 10 days of the ruling date.
Full Case Text
Judgment text and source record
55 paragraphs
Leruk Murusi & 15 others v County Government of Marsabit & 3 others (Petition 007 of 2021) [2022] KEELC 3914 (KLR) (6 June 2022) (Ruling)
Neutral citation: [2022] KEELC 3914 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Petition 007 of 2021
PM Njoroge, J
June 6, 2022
Between
Leruk Murusi
1st Petitioner
Lecheku Arigele
2nd Petitioner
Lekono Bernard
3rd Petitioner
Leado Stephen Lterias
4th Petitioner
Ltetian Lerupes
5th Petitioner
Jimmy Leneepe
6th Petitioner
James Marleni
7th Petitioner
Lpirikon Neepe
8th Petitioner
Patrick Kuraki
9th Petitioner
Samuel Loibarban
10th Petitioner
Francis Leaduma
11th Petitioner
Daniel Burcha
12th Petitioner
Asunta
13th Petitioner
Lenjododo Maidat Lolbalanga
14th Petitioner
Leteyon Nure
15th Petitioner
Rendille Professional Association
16th Petitioner
and
County Government of Marsabit
1st Respondent
Chief of the Kenya Defence Forces
2nd Respondent
Cabinet Secretary Ministry of Defence
3rd Respondent
Attorney General
4th Respondent
Ruling
1. The court was to give directions concerning a contempt application dated 18/2/2022.
2. Senior counsel Katwa Kigen informed the court that he was discussing the matter with Colonel Mugira, the advocate representing the 2nd and 3rd Respondents. Just in case they arrive at an understanding, he asked that the matter be mentioned on 27/6/2022. He undertook to serve this mention date upon all the absent of parties.
3. Colonel Mugira concurred.
4. The following orders are issued:a.As he has undertaken, senior counsel Katwa Kigen, to serve the next mention date upon all absent parties.b.All respondents to file and exchange written submissions within 10 days of today.c.Parties to come to court for directions on 27/6/2022.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 6TH DAY OF JUNE,2022HON. JUSTICE P.M. NJOROGEJUDGEIn the presence of:Court assistant: DengeKatwa Kigen for the 8 to 16th petitionersColonel Mugira for 2nd and 3rd Respondents