[2024] KEELC 13757 (KLR)
The court held that the respondents' application for extension of time to file and serve their response to the petition was merited. The right to be heard is a fundamental principle of justice, and both the Constitution and established case law require that parties be given a fair opportunity to present their case....
Source-derived case information.
- Citation
- [2024] KEELC 13757 (KLR)
- Parties
- Applicant: Jackson Magoiga Mariba; Applicant: Lucas Tabu Mariba; Applicant: John Wankuru Mariba; Applicant: Tobias Matengo Mariba (All suing on their behalf and as the legal representatives of Michael Mariba Matengo Mwita alias Mariba Marengo - Deceased); Applicant: Anthony Chacha Mwita; Respondent: Cabinet Secretary, Ministry of Lands And Physical Planning; Respondent: Cabinet Secretary, Ministry of Foreign Affairs; Respondent: Head, Kenya International Boundaries Office; Respondent: The Hon Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 24 of 2022
- Procedural Posture
- Environment and Land Petition / Interlocutory Application for Extension of Time to File Response
- Outcome
- Application for extension of time allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Extension of Time, Right to Be Heard, Fair Trial, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Magoiga Mariba
Applicant
Lucas Tabu Mariba
Applicant
John Wankuru Mariba
Applicant
Tobias Matengo Mariba (All suing on their behalf and as the legal representatives of Michael Mariba Matengo Mwita alias Mariba Marengo - Deceased)
Applicant
Anthony Chacha Mwita
Applicant
Cabinet Secretary, Ministry of Lands And Physical Planning
Respondent
Cabinet Secretary, Ministry of Foreign Affairs
Respondent
Head, Kenya International Boundaries Office
Respondent
The Hon Attorney General
Respondent
Procedural Posture
Environment and Land Petition / Interlocutory Application for Extension of Time to File Response
Legal Issues
- 1 Whether the respondents should be granted an extension of time to file and serve their response to the petition.
- 2 Whether denying the respondents an opportunity to respond would violate the right to a fair hearing.
Ratio Decidendi
The court held that the respondents' application for extension of time to file and serve their response to the petition was merited. The right to be heard is a fundamental principle of justice, and both the Constitution and established case law require that parties be given a fair opportunity to present their case. The court found that denying the respondents an opportunity to respond would contravene the right to a fair hearing and access to justice. Therefore, the respondents were granted fourteen days from the date of the ruling to file and serve their responses or requisite applications. The matter was fixed for mention to confirm compliance and for further directions.
Court Disposition
Application for extension of time allowed.
Orders
- Respondents' counsel to file and serve response(s) to the petition and/or requisite application within fourteen days from the date of the ruling.
- The petition is fixed for 21st November 2024 to confirm compliance and for further directions.
Full Case Text
Judgment text and source record
41 paragraphs
Mariba & 4 others v Cabinet Secretary, Ministry of Lands and Physical Planning & 3 others (Environment & Land Petition 24 of 2022) [2024] KEELC 13757 (KLR) (28 October 2024) (Ruling)
Neutral citation: [2024] KEELC 13757 (KLR)
Republic of Kenya
In the Environment and Land Court at Migori
Environment & Land Petition 24 of 2022
GMA Ongondo, J
October 28, 2024
IN THE MATTER OF ARTICLE 2 (1),4(1),10,12,2223,40 (1),47,61 AND 258 OF THE CONSTITUTION OF KENYA AND IN THE MATER OF ALLEGED CONTRAVENTION OF ARTICLES 10,12,40 (1) AND 47 OF THE CONSTITUTION OF
Between
Jackson Magoiga Mariba
1st Petitioner
Lucas Tabu Mariba
2nd Petitioner
John Wankuru Mariba
3rd Petitioner
Tobias Matengo Mariba (All suing on their behalf and as the legal representatives of Michael Mariba Matengo Mwita alias Mariba Marengo - Deceased)
4th Petitioner
Anthony Chacha Mwita
5th Petitioner
and
Cabinet Secretary, Ministry of Lands And Physical Planning
1st Respondent
Cabinet Secretary, Ministry of Foreign Affairs
2nd Respondent
Head, Kenya International Boundaries Office
3rd Respondent
The Hon Attorney General
4th Respondent
Ruling
1. This ruling is in regard to an application by Ms Esther Opiyo learned counsel for the respondents for fourteen days to file and serve a rely to the petition and an application for leave and other orders regarding filing of various documents in this matter.
2. The application is based on grounds, inter alia, that;a.The respondents are yet to file and serve response(s) to the present petition,b.the petitioners filed and served submissionsc.The issues are many due to many stakeholders involved in this matter.d.In the interest of justice herein.
3. Mr. Paul Amuga learned counsel for the petitioners has opposed the application on the grounds which include; the respondents have taken long to response to the petition and that the petitioners’ submissions filed and served late as the responses to the petition were awaited.
4. It is not in dispute that the respondents have not filed and served responses and the petitioners’ counsel filed and served submissions herein.
5. So, is the respondents’ application merited?
6. It is noteworthy that a fair opportunity to be heard is a fundamental principle of justice; see Halsbury’s Laws of England 5th Edition 2010 Volume 61 at paragraph 639.
7. Moreover, the unlimited right to fair trial and the right of access to justice are enshrined in Articles 25 (c), 50 (1) and 48 of the Constitution of Kenya 2010.
8. In the circumstances, the respondents should be let in to respond to this petition; see also Philip Chemwolo and another -vs- Augustine Kubende (1986) eKLR.
9. A fortiori, the application is merited and allowed on terms that the respondents’ counsel to file and serve response (s) to the petition and or requisite application within the next fourteen days from this date.
10. This petition is fixed for 21st November 2024 to confirm compliance and for further directions.
11. It is so ordered.
DATE AND DELIVERED AT MIGORI THIS 28TH OCTOBER 2024GEORGE M. A. ONGONDOJUDGEIn Presence of;-Paul Amuga learned counsel for the PetitionersMs Esther Opiyo learned counsel for the respondentsTom Maurice, Court Assistant