[2018] KEELC 209 (KLR)
The court found that the application did not meet the threshold for certification as urgent but acknowledged the need for expedited consideration due to the nature of the dispute. The court directed that the application be heard on a priority basis and ordered the petitioners to serve the application upon the...
Source-derived case information.
- Citation
- [2018] KEELC 209 (KLR)
- Parties
- Applicant: Mbeere Elders Welfare Advisory Group & 4 Others; Respondent: The Attorney General & 7 Others; Applicant: Justin Nyaki Ngure & 14 Others; Respondent: Naomey Muthoni Nyagah & 293 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 1 of 2014
- Procedural Posture
- Petition / Interlocutory Application Ruling
- Outcome
- Application for urgency declined; matter to be heard on priority basis; service ordered; no interim relief granted.
- Judges
- FM Njoroge
- Legal Topics
- Trust Land Disputes, Community Land Rights, Stay of Proceedings, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbeere Elders Welfare Advisory Group & 4 Others
Applicant
The Attorney General & 7 Others
Respondent
Justin Nyaki Ngure & 14 Others
Applicant
Naomey Muthoni Nyagah & 293 Others
Respondent
Procedural Posture
Petition / Interlocutory Application Ruling
Legal Issues
- 1 Whether the application should be certified as urgent and service dispensed with.
- 2 Whether proceedings should be stayed pending the hearing and determination of the application and related High Court Civil Case Number 6 of 2018.
- 3 Whether the firm of Njiru Kithaka & Co. Advocates should be restrained from acting for the 1st petitioner pending the outcome of the related High Court case.
Ratio Decidendi
The court found that the application did not meet the threshold for certification as urgent but acknowledged the need for expedited consideration due to the nature of the dispute. The court directed that the application be heard on a priority basis and ordered the petitioners to serve the application upon the respondents. The matter was set for hearing or directions before the Hon. Justice Angima on a specified date. The court declined to grant any of the substantive interim orders sought at this stage, emphasizing adherence to procedural fairness and the need for all parties to be heard before substantive orders are made.
Court Disposition
Application for urgency declined; matter to be heard on priority basis; service ordered; no interim relief granted.
Orders
- Matter is not certified urgent but to be heard on priority basis.
- Petitioners to serve the application upon the respondents.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
EMBU ELC PETITION CASE NO. 01 OF 2014
IN THE MATTER OF ARTICLES 62 (20), 63(1), (2), (3) AND 67 OF THE CONSTITUTION OF KENYA
AND
THE LAND ADJUDICATION ACT, CAP 284, LAWS OF KENYA
AND
IN THE MATTER OF CONTRAVENTION AND / OR APPREHENDED CONTRAVENTION OF MBEERE COMMUNITY RIGHTS AND INTERESTS IN LAND IN ALL THAT TRUST LAND
KNOWN AS MWEA WITHIN THE AREAS KNOWN AS KARABA, WACHORO, RIAKANAU, GATEGI AND MAKIMA UNDER
ARTICLES 62 (20, 63(1), (2) AND 67 OF THE CONSTITUTION OF KENYA
BETWEEN
MBEERE ELDERS WELFARE ADVISORY GROUP & 4 OTHERS.......................................PETITIONERS
AND
THE ATTORNEY GENERAL & 7 OTHERS.............................................................................RESPONDENTS
AND FURTHER
JUSTIN NYAKI NGURE & 14 OTHERS......235TH – 249 PROPOSED INTERESTED PARTY/APPLICANT
VERSUS
NAOMEY MUTHONI NYAGAH & 293 OTHERS.............................9TH – 303 PROPOSED RESPONDENTS
RULING
1. This application was listed in the Chuka ELC’s Cause List on 10th December, 2018. On its face it is stated that it has been brought to court under Order 51 Rule 1 and Order 40 Rule 2 of the Civil Procedures Rules 2010 and Sections 3, 3A and 63 of the Civil Procedure Act and all enabling provisions of the law.
2. The application seeks the following orders:
1. That this application be certified as urgent and service thereof be dispensed with in the first instance.
2. That this honourable court be pleased to stay all proceedings herein pending hearing and determination of this application inter partes.
3. That this honourable court be pleased to stay all proceedings herein pending hearing and determination of High Court Civil Case Number 6 of 2018 in the High Court of Kenya at Embu inter partes.
4. That this honourable court be pleased to grant orders restraining the firm of Njiru Kithaka & Co. Advocates whether by themselves, agents, servants or otherwise from coming on record and/or acting for the 1st petitioner herein pending the hearing and determination of High Court Civil Case Number 6 of 2018 in the High Court of Kenya at Embu inter partes.
5. That costs of this application be provided for.
3. The application has 10 general grounds and is supported by the affidavit of ESTON NYAGA NTHIGA, the 2nd applicant, who is the Chairman of the 1st Applicant.
4. The applicants are not in court. I issue the following orders:
a) Matter is NOT certified urgent BUT it is to be heard on priority basis.
b) The petitioners to serve the application upon the respondents.
c)Application to be head by or directionsgiven by the Hon. Justice Angima, ELC Judge, Embu, on 18th December, 2018
Delivered in open Court at Chuka on 10th December, 2018 in the presence of:
CA: Ndegwa
Miss Kungu for the AG
Other parties absent
P.M. NJOROGE
JUDGE