[2019] KEELC 2888 (KLR)
The court exercised its discretion to allow the late filing of the petitioner's submissions and further affidavit, finding that it was reasonable and in the interest of justice. The court also granted the respondents leave to file their responses and submissions within seven days, ensuring that both parties had a...
Source-derived case information.
- Citation
- [2019] KEELC 2888 (KLR)
- Parties
- Applicant: Mutegi Mugwetwa; Respondent: Chief Officer Lands, Physical Planning, Housing, Urban Development, Environment and Natural Resources; Respondent: The Governor, County Government of Tharaka Nithi; Respondent: The County Government of Tharaka Nithi; Respondent: National Police Service; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 01 of 2019
- Procedural Posture
- Constitutional Petition / Interlocutory Directions on Filing and Exchange of Submissions
- Outcome
- Interlocutory orders granted; directions issued for filing and exchange of submissions.
- Judges
- FM Njoroge
- Legal Topics
- Right to Property, Fair Administrative Action, Land Registration, County Government Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutegi Mugwetwa
Applicant
Chief Officer Lands, Physical Planning, Housing, Urban Development, Environment and Natural Resources
Respondent
The Governor, County Government of Tharaka Nithi
Respondent
The County Government of Tharaka Nithi
Respondent
National Police Service
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Directions on Filing and Exchange of Submissions
Legal Issues
- 1 Whether the late filing of the petitioner's submissions and further affidavit should be deemed as properly filed.
- 2 Whether the respondents should be granted leave to file their responses and submissions out of time.
Ratio Decidendi
The court exercised its discretion to allow the late filing of the petitioner's submissions and further affidavit, finding that it was reasonable and in the interest of justice. The court also granted the respondents leave to file their responses and submissions within seven days, ensuring that both parties had a fair opportunity to present their cases. These directions were issued to facilitate the just, expeditious, and fair determination of the constitutional petition, in line with the principles of fair hearing and access to justice under the Constitution.
Court Disposition
Interlocutory orders granted; directions issued for filing and exchange of submissions.
Orders
- Petitioner to avail soft copies of the further affidavit filed on 20.6.2019 and written submissions to court within 7 days.
- 1st, 2nd, and 3rd respondents granted leave to respond to the petitioner's further affidavit and to file their written submissions and soft copies within 7 days of the ruling.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CONSTITUTION PETITION CASE NO. 01 OF 2019
IN THE MATTER OF ARTICLES 19, 20, 21, 33, 23, 25, 27, 258, 259 AND 260 OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE ALLEGED VIOLATION OF THE RIGHT UNDER ARTICLES 40, 60 AND 64 OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE ALLEGED INFRINGEMENT OF THE RIGHT TO FAIR ADMINISTRATION ACTION ENSHRINED IN ARTICLES 10, 25, 47 AND 50 OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA 2010 (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE FREEDOMS) PRACTICE AND PROCEDURE RULES 13, 19 AND 23 OF 2013
AND
IN THE MATTER OF ARTICLES 23, 159, 162 (B) OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF LAND REGISTRATION ACT NO. 3 OF 2012
AND
IN THE MATTER OF PHYSICAL PLANNING ACT NO. 6 OF 1996
AND
IN THE MATTER OF COUNTY GOVERNMENT ACT 2012
AND
IN THE MATTER OF NATIONAL POLICE SERVICE ACT 2011
AND
IN THE MATTER OF TITLE KARINGA/NDAGANI3018, THARAKA NITHI COUNTY
BETWEEN
MUTEGI MUGWETWA.............................................................................................PETITIONER
VERSUS
CHIEF OFFICER LANDS, PHYSICAL PLANNING, HOUSING, URBAN DEVELOPMENT,
ENVIRONMENT AND NATURAL RESOURCES........................................1ST RESPONDENT
THE GOVERNOR, COUNTY GOVERNMENT OF THARAKA NITHI..2ND RESPONDENT
THE COUNTY GOVERNMENT OF THARAKA NITHI............................3RD RESPONDENT
NATIONAL POLICE SERVICE......................................................................4TH RESPONDENT
ATTORNEY GENERAL...................................................................................5TH RESPONDENT
RULING
1. On 22. 5.2019, the following orders were issued:
1. Petitioner to file and exchange written submissions with regard to the petition within 14 days of today and the respondents to file and exchange their written submissions within 14 days after the lapse of the period granted to the petitioner.
2. Notice to issue to parties not present in court today.
3. Directions to confirm filing of submissions and to fix a date for judgment on 25th June, 2019.
2. On 25th June, 2019, Mr. Murimi Murango told the court that he had filed his written submission that morning. He apologized for filing his written submissions well beyond the time stipulated by the court. He asked the court, with its leave, to deem his written submissions and a further affidavit filed on 20th June, 2019, as having been properly filed.
3. Mr. Dennis Muthomi, the advocate for the 1st, 2nd and 3rd respondents told the court that he had been served with the petitioner’s written submissions in court today, that is on 25th June, 2019. He asked the court to give him 7 days to put in his written submissions and to respond to the petitioner’s further affidavit filed on 20th June, 2019.
4. In the interest of justice, I find it reasonable to deem the affidavit filed on 20. 6.2019 and the petitioner’s written submissions as having been properly filed.
5. The following orders are issued:
(a) Petitioner to ensure that soft copies of the further affidavit filed on 20. 6.2019 and of the written submissions are availed to court within the next 7 days.
(b) The 1st, 2nd and 3rd respondents are granted leave to respond to the petitioner’s further affidavit filed on 20. 6.2019 and to file their written submissions and soft copies thereof within 7 days of today.
(c) Parties will, by consent, come to court to confirm compliance with the orders issued by the court today on 10th July, 2019
Delivered in open Court at Chuka this 25th day of June, 2019 in the presence of:
CA: Ndegwa
Murimi Murango for the Petitioner
Dennis Muthomi for 1st, 2nd and 3rd Respondents
P.M. NJOROGE
JUDGE