[2020] KEELC 2836 (KLR)
The court determined that, due to the ongoing Covid-19 pandemic and the resulting disruption of normal court operations, it was neither practical nor safe to proceed with the scheduled highlighting of issues. Exercising its inherent jurisdiction to manage proceedings and in the interest of justice, the court...
Source-derived case information.
- Citation
- [2020] KEELC 2836 (KLR)
- Parties
- Plaintiff: Mohamud Iltarakwa Kochale; Plaintiff: Kochale Somo Chale; Plaintiff: Issa Jitewe Gambare; Plaintiff: David Tomasot Arakhole; Plaintiff: William Lengoyiap; Plaintiff: Sekotey Seye; Defendant: Lake Turkana Wind Power Ltd; Defendant: Marsabit County Government; Defendant: The Attorney General; Defendant: Chief Land Registrar; Defendant: The National Land Commission; Respondent: Aaron Iltele Lesianntam; Respondent: Henry Parasian Sakalpo; Respondent: Stephen Nakeno; Respondent: Job Lmalsian Lengoya; Respondent: Dair Lentipan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 163 of 2014
- Procedural Posture
- Land and Environment Case / Pre Trial Directions; Adjournment of Highlighting of Issues
- Outcome
- Adjournment of highlighting of issues; directions issued for future conduct of the suit.
- Legal Topics
- Adjournment Due to Covid19, Pre Trial Directions, Land Dispute Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamud Iltarakwa Kochale
Plaintiff
Kochale Somo Chale
Plaintiff
Issa Jitewe Gambare
Plaintiff
David Tomasot Arakhole
Plaintiff
William Lengoyiap
Plaintiff
Sekotey Seye
Plaintiff
Lake Turkana Wind Power Ltd
Defendant
Marsabit County Government
Defendant
The Attorney General
Defendant
Chief Land Registrar
Defendant
The National Land Commission
Defendant
Aaron Iltele Lesianntam
Respondent
Henry Parasian Sakalpo
Respondent
Stephen Nakeno
Respondent
Job Lmalsian Lengoya
Respondent
Dair Lentipan
Respondent
Procedural Posture
Land and Environment Case / Pre Trial Directions; Adjournment of Highlighting of Issues
Legal Issues
- 1 Whether the suit should proceed to highlighting of issues as scheduled in light of the Covid-19 pandemic.
- 2 What directions should be given regarding the conduct of the suit given the disruption of normal court operations.
Ratio Decidendi
The court determined that, due to the ongoing Covid-19 pandemic and the resulting disruption of normal court operations, it was neither practical nor safe to proceed with the scheduled highlighting of issues. Exercising its inherent jurisdiction to manage proceedings and in the interest of justice, the court adjourned the highlighting of issues to future dates, subject to the normalization of court activities. The court further directed the Deputy Registrar to issue appropriate notices to all parties regarding the new dates. The decision was made unanimously by the bench, prioritizing public health and procedural fairness.
Court Disposition
Adjournment of highlighting of issues; directions issued for future conduct of the suit.
Orders
- The Chuka Deputy Registrar, as the Presiding DR in this case, to issue apposite notices to the parties.
- Subject to court activities having normalized, highlighting of issues to be conducted on 5th, 6th, 7th and 8th of October, 2020.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
MERU ELC CASE NO. 163 OF 2014
FORMERLY NAIROBI ELC NO. 1330 OF 2014
MOHAMUD ILTARAKWA KOCHALE.......................................1ST PLAINTIFF
KOCHALE SOMO CHALE...........................................................2ND PLAINTIFF
ISSA JITEWE GAMBARE.............................................................3RD PLAINTIFF
DAVID TOMASOT ARAKHOLE..................................................4TH PLAINTIFF
WILLIAM LENGOYIAP................................................................5TH PLAINTIFF
SEKOTEY SEYE.............................................................................6TH PLAINTIFF
(Suing on behalf of the residents of Laisamis Constituency and Karare Ward of Marsabit County)
VERSUS
LAKE TURKANA WIND POWER LTD....................................1ST DEFENDANT
MARSABIT COUNTY GOVERNMENT...................................2ND DEFENDANT
THE ATTORNEY GENERAL.....................................................3RD DEFENDANT
CHIEF LAND REGISTRAR........................................................4TH DEFENDANT
THE NATIONAL LAND COMMISSION...................................5TH DEFENDANT
AARON ILTELE LESIANNTAM.................................1ST INTERESTED PARTY
HENRY PARASIAN SAKALPO..................................2ND INTERESTED PARTY
STEPHEN NAKENO.....................................................3RD INTERESTED PARTY
JOB LMALSIAN LENGOYA.......................................4TH INTERESTED PARTY
DAIR LENTIPAN...........................................................5TH INTERESTED PARTY
(As representatives of the residents of Loiyangalani District, Marsabit County)
RULING/ORDERS
In view of complications brought about by the exigencies of the Corona Virus Crisis, we have handled the practicalities of having this suit highlighted on 18th, 19th and 20th of May, 2020. We have unanimously agreed to postpone the highlighting of issues in this suit to 5th, 6th, 7th and 8th of October, 2020 subject to the Corona Virus situation having stabilized and court operations having been normalized. It is ordered as follows:
(1) The Chuka DR, who is the Presiding DR in this case, to issue apposite notices to the parties.
(2) Subject to court activities having normalized, highlighting of issues to be conducted on 5th, 6th, 7th and 8th of October, 2020.
Delivered in chambers at Chuka this 4th day of May, 2020 in the presence of:
CA: Ndegwa
P. M. NJOROGE,
PRESIDING JUDGE.