[2014] KEHC 228 (KLR)
The court found that the 1st petitioner had died during the pendency of the proceedings and that an application for substitution had been made by a person with a valid grant of representation. There was no opposition to the application, and the parties consented to the substitution. The interested party had already...
Source-derived case information.
- Citation
- [2014] KEHC 228 (KLR)
- Parties
- Applicant: M'Thuranira M'Iguathu; Applicant: Charles Muuna; Applicant: Mukiira Iguara; Respondent: The Land Adjudication and Settlement Officer Igembe/Tigania Adjudication Area; Respondent: Attorney General; Interested Party: Stephen Murimi M 'Ikunyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 11 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application to Substitute Deceased Petitioner and Remove Deceased Interested Party
- Outcome
- Application allowed by consent; substitution of deceased 1st petitioner granted; interested party already removed; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Right to Fair Hearing, Joinder and Removal of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Thuranira M'Iguathu
Applicant
Charles Muuna
Applicant
Mukiira Iguara
Applicant
The Land Adjudication and Settlement Officer Igembe/Tigania Adjudication Area
Respondent
Attorney General
Respondent
Stephen Murimi M 'Ikunyua
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application to Substitute Deceased Petitioner and Remove Deceased Interested Party
Legal Issues
- 1 Whether the court should extend time to allow substitution of the deceased 1st petitioner with his legal representative.
- 2 Whether the interested party, now deceased, should be removed from the proceedings.
Ratio Decidendi
The court found that the 1st petitioner had died during the pendency of the proceedings and that an application for substitution had been made by a person with a valid grant of representation. There was no opposition to the application, and the parties consented to the substitution. The interested party had already been removed from the proceedings by consent. The court held that it was just and expedient to allow the substitution of the deceased 1st petitioner with his legal representative and confirmed that the interested party was no longer part of the proceedings. Costs were ordered to be in the cause.
Court Disposition
Application allowed by consent; substitution of deceased 1st petitioner granted; interested party already removed; costs in the cause.
Orders
- The period to join Luke Kalwigi Thuruanira as legal representative of the 1st petitioner is extended and substitution is allowed.
- The interested party is confirmed as removed from the proceedings by prior consent.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PETITION NO. 11 OF 2012
IN THE MATTER OF CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOM ENSHRINED IN UNDER THE CONSTITUTION OF KENYA
IN THE MATTER OF ARTICLE 27, 40, 47, 48, AND 50 OF THE CONSTITUTION OF KENYA
BETWEEN
M'THURANIRA M'IGUATHU.................................................................................1ST PETITIONER
CHARLES MUUNA...............................................................................................2ND PETITIONER
MUKIIRA IGUARA.................................................................................................3RD PETITIONER
VERSIS
THE LAND ADJUDICATION AND SETTLEMENT OFFICER IGEMBE/TIGANIA ADJUDICATION AREA.......................................................................................................................1ST RESPONDENT
ATTORNEY GENERAL........................................................................................2ND RESPONDENT
STEPHEN MURIMI M 'IKUNYUA....................................................................INTERESTED PARTY
RULING
This application is dated 6. 5.2014 and seeks orders:
1. That this honourable court be pleased to extend the Limited period to join the Applicant LUKE KALWIGI THURUANIRA to be the legal representative of the 1st petitioner who died on 23. 2.2013.
2. That this honourable court be pleased to order the removal of the interested party from the proceedings herein as he is now deceased.
3. That the costs of the application be provided
It is supported by the following grounds:
a) That the 1st petitioner and interested party died while these proceedings were pending.
b) That the 1st petitioner has since applied to be the legal representative of the 1st petitioner and he has been issued with a grant.
c) That there is no one interested to be a legal representative of the interested party who in any case is not a compulsory party and his family has declined to take up the grant as legal representative
d) That this application is necessary to expedite the hearing of the matter
It transpired during hearing that the Interested Party was removed from the proceedings by consent on 26. 11. 2012. The parties, by consent, as the court to allow prayer 1.
In the circumstances, prayer 1 is allowed with costs to be in the cause.
Delivered in open court at Meru this 15th day of October, 2014 in the presence of:
Cc Lilian/Daniel
Kiongo for Respondents
Ndubi for Interested Party
Gikunda Anampiu for Petitioners.
P. M. NJOROGE
JUDGE