[2017] KEELC 162 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEELC 162 (KLR)
- Parties
- Applicant: M’Anyiri Hannington Gitari; Applicant: James M’Itonga Mirianga; Respondent: Yetu Sacco Ltd; Respondent: I.G. Ringera t/a Viewline Auctioneers
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 32 of 2016
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling; Ruling on Sufficiency of Affidavit Evidence
- Outcome
- Ruling put on hold pending filing of missing affidavit.
- Legal Topics
- Right to Property, Fair Hearing, Auction Process, Enforcement of Fundamental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Anyiri Hannington Gitari
Applicant
James M’Itonga Mirianga
Applicant
Yetu Sacco Ltd
Respondent
I.G. Ringera t/a Viewline Auctioneers
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling; Ruling on Sufficiency of Affidavit Evidence
Legal Issues
- 1 Whether the petitioners have provided sufficient affidavit evidence to support their application.
- 2 Whether the absence of the 2nd petitioner's affidavit affects the determination of the application.
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.
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.
Full Case Text
Judgment text and source record
31 paragraphs
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