Kenya Judgment

Environment and Land Court · Environment and Land Court at Meru

M’anyiri Hannington Gitari & James M’itonga Mirianga v Yetu Sacco Ltd & I.G. Ringera t/a Viewline Auctioneers [2017] KEELC 162 (KLR)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court determined that it could not proceed to rule on the application because the affidavit of the 2nd petitioner, which is a necessary supporting document, was not on record. The absence of this affidavit meant that the application was not properly supported as required by law. Therefore, the court put the ruling on hold and directed the petitioners' counsel to avail the missing affidavit before a substantive determination could be made. This approach upholds the procedural requirement that all applications must be supported by the necessary evidence, ensuring fairness and adherence to due process.

Court disposition

Ruling put on hold pending filing of missing affidavit.

Orders

  • The petitioners' counsel is directed to avail the affidavit of the 2nd petitioner before the court can proceed to rule on the application.

02

Material facts

Parties

M’Anyiri Hannington Gitari

Applicant Counsel: Ojiambo

James M’Itonga Mirianga

Applicant Counsel: Ojiambo

Yetu Sacco Ltd

Respondent Counsel: Munene

I.G. Ringera t/a Viewline Auctioneers

Respondent Counsel: Miss Muna h/b for Kiautha Arithi

03

Procedural history

  1. Posture

    Constitutional Petition / Interlocutory Ruling; Ruling on Sufficiency of Affidavit Evidence

04

Questions and positions

Legal issues

Party arguments

Applicant
The petitioners argue that their application is supported by affidavits, specifically those of Hannington Gitari and James M’Itonga Mirianga, and that the alleged contraventions of their constitutional rights warrant the court's intervention.
Respondent
The respondents contend that the application is not properly supported as the affidavit of the 2nd petitioner is missing, and therefore the application should not proceed until all necessary documents are availed.

05

Court’s reasoning

  1. 01

    Order 19 of the Civil Procedure Rules; general principles of affidavit evidence

    Applications must be supported by proper affidavit evidence from all relevant parties to be considered by the court.

  2. 02

    Article 50(1) of the Constitution of Kenya 2010; Section 90, 96(2), 97 of the Land Act

    The court must ensure that all procedural requirements are met before making a substantive determination.

06

Ratio, limits and disposition

Ratio decidendi

The court determined that it could not proceed to rule on the application because the affidavit of the 2nd petitioner, which is a necessary supporting document, was not on record. The absence of this affidavit meant that the application was not properly supported as required by law. Therefore, the court put the ruling on hold and directed the petitioners' counsel to avail the missing affidavit before a substantive determination could be made. This approach upholds the procedural requirement that all applications must be supported by the necessary evidence, ensuring fairness and adherence to due process.

Obiter and limits

  • The court emphasized the importance of ensuring all supporting documents are filed before substantive rulings are made.
  • The absence of a key affidavit can delay the determination of urgent applications.

Court disposition

Ruling put on hold pending filing of missing affidavit.

  • The petitioners' counsel is directed to avail the affidavit of the 2nd petitioner before the court can proceed to rule on the application.

Source and reliance status

Environment and Land Court

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Environment and Land Court

Judgment

[2017] KEELC 162 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MERU

ELC PETITION NO. 32 OF 2016

IN THE MATTER OF ARTICLE 22(1) OF THE CONSTITUTION OF KENYA 2010

AND

IN THE MATTER OF ALLEGED CONTRAVENTION OF RIGHTS AND FUNDAMENTAL

FREEDOMS UNDER ARTICLE 40(1), 48, 50(1) OF THE CONSTITUTION OF KENYA 2010

AND

IN THE MATTER OF SECTION 90, 96(2), 97 OF THE LAND ACT

AND

IN THE MATTER OF RULE 11 (B)(x) OF THE AUCTIONEERS RULES

AND

IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF

RIGHTS AND FUNDAMENTAL FREEDOMS AND ENFORCEMENT OF

THE CONSTITUTION) PRACTICE AND PROCEDURE RULES, 2013

BETWEEN

M’ANYIRI HANNINGTON GITARI.............................1ST PETITIONER

JAMES M’ITONGA MIRIANGA..................................2ND PETITIONER

VERSUS

YETU SACCO LTD.........................................................1ST RESPONDENT

I.G. RINGERA T/A VIEWLINE AUCTIONEERS....2ND RESPONDENT

RULING ORDER

I find that the application of 11. 11. 16 is apparently supported by the affidavits of Hannington Gitari and James M’Itonga Mirianga. I am not able to find the affidavit of 2nd Petitioner and the Ruling is hence put on hold for the Petitioners Counsel to avail the aforementioned document.

DELIVERED, SIGNED AND DATED IN OPEN COURT AT MERU THIS 4TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:

CA: Janet

Ojiambo for Petitioners present

Miss Muna h/b for Kiautha Arithi for Respondent present

Munene for 1st Respondent present

Hon. L.N. MBUGUA

ELC JUDGE

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Constitution of Kenya 2010 Article 22(1), 40(1), 48, 50(1)

Legislation

Legislation referenced in the available case record.

Land Act Section 90, 96(2), 97

Legislation

Legislation referenced in the available case record.

Auctioneers Rules Rule 11 (B)(x)

Legislation

Legislation referenced in the available case record.

Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules, 2013

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.