[2021] KEELC 159 (KLR)
The court found that the 1st defendant's advocate was not on record and thus not formally representing him at the hearing. The plaintiffs' advocate demonstrated sufficient cause for an adjournment, having lost two witnesses and needing time to reorganize. The court exercised its discretion to grant the plaintiffs'...
Source-derived case information.
- Citation
- [2021] KEELC 159 (KLR)
- Parties
- Plaintiff: Saadia Abdullahi Shariff; Plaintiff: Taramoe Aungong; Plaintiff: Alidoo Kuya; Plaintiff: Ahmed Shariff Mohamed; Plaintiff: Hussein Billow Osman; Plaintiff: Mahamud Ahmed Omar; Plaintiff: Mohamud Sheikh Ibrahim; Plaintiff: Barre Abdi Hayle; Plaintiff: Amina Hassan Gele; Plaintiff: Adbi Aden; Plaintiff: Mohamed Sharrif Ahmed; Defendant: Antony Kimemia alias Timothy Kimemia; Defendant: County Government of Isiolo; Defendant: Isiolo County Chief Executive Officer in Charge of Lands; Defendant: County Physical Planner – Isiolo; Defendant: County Surveyor – Isiolo; Defendant: National Lands Commission; Defendant: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E009 of 2021
- Procedural Posture
- Environment and Land Case / Directions Hearing
- Outcome
- adjourned with directions
- Legal Topics
- Directions Hearing, Service of Orders, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saadia Abdullahi Shariff
Plaintiff
Taramoe Aungong
Plaintiff
Alidoo Kuya
Plaintiff
Ahmed Shariff Mohamed
Plaintiff
Hussein Billow Osman
Plaintiff
Mahamud Ahmed Omar
Plaintiff
Mohamud Sheikh Ibrahim
Plaintiff
Barre Abdi Hayle
Plaintiff
Amina Hassan Gele
Plaintiff
Adbi Aden
Plaintiff
Mohamed Sharrif Ahmed
Plaintiff
Antony Kimemia alias Timothy Kimemia
Defendant
County Government of Isiolo
Defendant
Isiolo County Chief Executive Officer in Charge of Lands
Defendant
County Physical Planner – Isiolo
Defendant
County Surveyor – Isiolo
Defendant
National Lands Commission
Defendant
The Hon. Attorney General
Defendant
Procedural Posture
Environment and Land Case / Directions Hearing
Legal Issues
- 1 Whether the 1st defendant was properly represented by an advocate on record at the hearing.
- 2 Whether the plaintiffs' advocate should be granted time to reorganize due to the death of witnesses.
- 3 Whether directions should be issued for further conduct of the matter.
Ratio Decidendi
The court found that the 1st defendant's advocate was not on record and thus not formally representing him at the hearing. The plaintiffs' advocate demonstrated sufficient cause for an adjournment, having lost two witnesses and needing time to reorganize. The court exercised its discretion to grant the plaintiffs' advocate 60 days to put her house in order and directed that the orders be served on all absent advocates within 14 days. Directions for further conduct of the matter were set for a future date, with the concurrence of the parties present.
Court Disposition
adjourned with directions
Orders
- The plaintiffs’ advocate is directed to serve the orders issued by the court today upon all absent advocates within 14 days.
- The plaintiffs’ advocate is granted 60 days to put her house in order.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT ISIOLO
ELCC NO. E009 OF 2021
SAADIA ABDULLAHI SHARIFF………………………….1ST PLAINTIFF
TARAMOE AUNGONG……………………………………..2ND PLAINTIFF
ALIDOO KUYA……………………………………………….3RD PLAINTIFF
AHMED SHARIFF MOHAMED…………………………..4TH PLAINTIFF
HUSSEIN BILLOW OSMAN……………………………….5TH PLAINTIFF
MAHAMUD AHMED OMAR……………………………...6TH PLAINTIFF
MOHAMUD SHEIKH IBRAHIM………………………….7TH PLAINTIFF
BARRE ABDI HAYLE………………………………………8TH PLAINTIFF
AMINA HASSAN GELE……………………………………9TH PLAINTIFF
ADBI ADEN…………………………………………………10TH PLAINTIFF
MOHAMED SHARRIF AHMED………………..…………11TH PLAINTIFF
VERSUS
ANTONY KIMEMIA………………………….……………1ST DEFENDANT
COUNTY GOVERNMENT OF ISIOLO….……....……...2ND DEFENDANT
ISIOLO COUNTY CHIEF EXECUTIVE OFFICER
IN CHARGE OF LANDS….………………………..……..3RD DEFENDANT
COUNTY PHYSICAL PLANNER – ISIOLO…...………4TH DEFENDANT
COUNTY SURVEYOR – ISIOLO….…………….……...5TH DEFENDANT
NATIONAL LANDS COMMISSION….………….……..6TH DEFENDANT
THE HON. ATTORNEY GENERAL….….…….……….7TH DEFENDANT
RULING
1. This matter came up for directions on 20/12/2021. It could not proceed for the following reasons:
a) The first defendant complained that his advocate was not in court. He told the court that his advocate was called Joshua Mwiti.
b) M/S Audrey Mbinjiwe Muia Mwanzia told the court that two of her witnesses had died and asked the court to give her 60 days to put her house in order. She decried that the 1st defendant was in the habit of changing advocates. She told the court that the advocate he had mentioned, Mr. Joshua Mwiti, was not on record that he represented the 1st defendant.
2. I issue the following orders.
1. The plaintiffs’ advocate is directed to serve the orders issued by the court today upon all absent advocates within 14 days of today.
2. The plaintiffs’ advocate, as she has requested, is granted 60 days to put her house in order.
3. With concurrence of the plaintiffs’ advocate and Anthony Kimemia alias Timothy Kimemia, the 1st defendant, DIRECTIONS ON 7/3/2022
Written and delivered in open court at Isiolo this 20th day of December 2021 in the presence of:
Court Assistant: Denge
Audrey Mbijiwe Muia Mwanzia for the plaintiffs
Anthony Kimemia alias Timothy Kimemia – 1st defendant
HON. JUSTICE P. M. NJOROGE
ELC JUDGE, ISIOLO