https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5053
Because the application by the interested parties was unopposed, the Court exercised its discretion to allow leave to file and serve written submissions and adjourned delivery of judgment to a later date so the submissions could be considered. Costs of the application were ordered against the interested parties.
Source-derived case information.
- Citation
- [2026] KEELC 5053 (KLR)
- Parties
- Applicant: Republic; 1st Respondent: The Hon. Attorney General; 2nd Respondent: The Land Adjudication & Settlement Officer, Tigania West; Ex Parte Applicants: Jacob Kithae Makunyu & 112 Others; Interested Parties: Denis Kimathi Mutua & 16 Others
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E038 of 2025
- Procedural Posture
- Environment and Land Court Miscellaneous Application / Ruling on Unopposed Application for Leave to File and Serve Written Submissions and Rescheduling of Judgment Delivery
- Outcome
- Application allowed; judgment delivery rescheduled; costs awarded to respondents against the interested parties.
- Judges
- ["BM Eboso"]
- Legal Topics
- Leave to File and Serve Written Submissions, Unopposed Application, Adjournment/rescheduling of Judgment, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Hon. Attorney General
1st Respondent
The Land Adjudication & Settlement Officer, Tigania West
2nd Respondent
Jacob Kithae Makunyu & 112 Others
Ex Parte Applicants
Denis Kimathi Mutua & 16 Others
Interested Parties
Procedural Posture
Environment and Land Court Miscellaneous Application / Ruling on Unopposed Application for Leave to File and Serve Written Submissions and Rescheduling of Judgment Delivery
Legal Issues
- 1 Whether the interested parties should be granted leave to file and serve written submissions
- 2 Whether the scheduled judgment delivery should be rescheduled to allow consideration of the submissions
- 3 Who should bear the costs of the application
Ratio Decidendi
Because the application by the interested parties was unopposed, the Court exercised its discretion to allow leave to file and serve written submissions and adjourned delivery of judgment to a later date so the submissions could be considered. Costs of the application were ordered against the interested parties.
Court Disposition
Application allowed; judgment delivery rescheduled; costs awarded to respondents against the interested parties.
Orders
- Leave granted to the 17 interested parties to file and serve written submissions.
- Judgment delivery rescheduled to Tuesday 21/7/2026 at 3.00 p.m.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MERU** **ELCL MISC. APPLICATION NO. E038 OF 2025** **REPUBLIC.................................................................APPLICANT** **=VERSUS=** **THE HON. ATTORNEY GENERAL.....................1ST RESPONDENT** **THE LAND ADJUDICATION & SETTLEMENT** **OFFICER, TIGANIA WEST...............................2ND RESPONDENT** **=AND=** **JACOB KITHAE MAKUNYU &** **112 OTHERS..........................................EX-PARTE APPLICANTS** **=AND=** **DENIS KIMATHI MUTUA &** **16 OTHERS..............................................INTERESTED PARTIES** **RULING** **[EX-TEMPORE]** 1. This Matter was scheduled for Judgment today. The judgment date was fixed in February 2026. 2. On 29/6/2026, the 17 interested parties brought an application dated 29/6/2026 seeking leave to file and serve written submissions. This was a change of mind on their part because on 19/2/2026, they informed the Court that they were adopting the position of the ex-parte applicants. 3. The application is not opposed. In the absence of any opposition to the application, the Court will allow it. It is so ordered. 1. Inevitably, the Court will need to look at and consider the said submissions before rendering a Judgment in the Matter. Consequently, today’s judgment delivery is rescheduled to Tuesday 21/7/2026 at 3.00 p.m. to enable the Court consider the interested parties’ submissions. 2. The interested parties will bear costs of the application. **DATED, SIGNED AND DELIVERED AT MERU THIS 20TH DAY OF JULY, 2026.** **B M EBOSO [MR]** **ELC JUDGE** **In the Presence of:** Ms Otieno for the Ex-parte Applicants Ms Wairimu for the Respondents Mr Muthomi for the 17 Interested Parties Mr E. Tupet – Court Assistant