[2019] KEELC 4012 (KLR)
The court determined that the preliminary objection filed by the 1st to 3rd respondents raises issues that must be addressed before the substantive petition can proceed. To ensure procedural fairness and efficient administration of justice, the court directed that the proponent of the preliminary objection file...
Source-derived case information.
- Citation
- [2019] KEELC 4012 (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 / Ruling on Preliminary Objection and Directions
- Outcome
- Directions issued for hearing of preliminary objection; interim orders extended.
- 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 / Ruling on Preliminary Objection and Directions
Legal Issues
- 1 Whether the preliminary objection raised by the 1st to 3rd respondents should be heard prior to the substantive petition.
- 2 Whether interim orders should be extended pending determination of the preliminary objection.
Ratio Decidendi
The court determined that the preliminary objection filed by the 1st to 3rd respondents raises issues that must be addressed before the substantive petition can proceed. To ensure procedural fairness and efficient administration of justice, the court directed that the proponent of the preliminary objection file written submissions within seven days, with the applicant to respond within seven days of receipt. The court further ordered that the parties appear for directions regarding the ruling date and extended the existing interim orders to preserve the status quo. These directions are consistent with the principles of fair hearing and the need to resolve threshold legal objections before...
Court Disposition
Directions issued for hearing of preliminary objection; interim orders extended.
Orders
- The proponent of the preliminary objection to file written submissions within 7 days.
- The applicant to file written submissions within 7 days after receipt of the proponent's submissions.
Full Case Text
Judgment text and source record
45 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. The issues raised in this matter are rather urgent in that the parties are embroiled in another case, Chuka ELC 215 of 2017.
2. The 1st to 3rd respondents filed a Preliminary Objection on 25. 3.2019 which is also dated the same day.
3. I deem it necessary to hear the Preliminary Objection first.
4. The proponent of the Preliminary Objection is granted 7 days to put in written submissions. The plaintiff/opposer is granted 7 days to put in his written submissions after receipt of the proponent’s submissions.
5. By consent, parties will come to court on 24th April, 2019 for directions concerning the date for delivery of the apposite ruling.
6. Extant interim orders are extended.
7. It is so ordered.
Delivered in open Court at Chuka this 26th day of March, 2019 in the presence of:
CA: Ndegwa
Murimi for the plaintiff
Gitari for 1st – 3rd defendants and h/b Kiongo for 4th and 5th defendants
P.M. NJOROGE
JUDGE