[2023] KEELC 20784 (KLR)
The court found that the 7th to 9th defendants had been given ample time (over a year) to comply with pretrial directions and prepare for trial but failed to appear or take necessary steps. The court emphasized that the right to be heard is not absolute and is only available to parties who actively participate in...
Source-derived case information.
- Citation
- [2023] KEELC 20784 (KLR)
- Parties
- Plaintiff: Kasaine Ole Seleka; Plaintiff: James Mokoire Moonka; Plaintiff: John Milia Muli; Plaintiff: Kilelo Ole Seita; Plaintiff: Manina Rikoyian; Defendant: Daniel Kiria Leturesh; Defendant: Elijah Keen Naini; Defendant: Joseph Kipaipai Ntaani; Defendant: Eustace N Kithumbi; Defendant: Josiah K Lessan; Defendant: Director of Land Adjudication & Settlement; Defendant: Ministry of Lands and Physical Planning, County Surveyor Kajiado; Defendant: Registrar of Lands Kajiado; Defendant: Director of Physical Planning, Kajiado County; Defendant: Registrar of Community Land; Defendant: Leperes Ole Kosei; Defendant: Thomas Marimpet; Defendant: Lenkishon Kamiti Sitoyi; Defendant: Keen Ole Nkomiya; Defendant: Rinkoine Kalama; Defendant: Simon Mpute Oloitipitip; Defendant: Loningo Ole Sereka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 341 of 2019
- Procedural Posture
- Environment and Land Case / Ruling on Application for Adjournment and Counsel Cessation
- Outcome
- Application for adjournment and for counsel to cease acting dismissed.
- Judges
- LN Mbugua
- Legal Topics
- Adjournment of Proceedings, Pretrial Directions, Right to Be Heard, Nonattendance of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kasaine Ole Seleka
Plaintiff
James Mokoire Moonka
Plaintiff
John Milia Muli
Plaintiff
Kilelo Ole Seita
Plaintiff
Manina Rikoyian
Plaintiff
Daniel Kiria Leturesh
Defendant
Elijah Keen Naini
Defendant
Joseph Kipaipai Ntaani
Defendant
Eustace N Kithumbi
Defendant
Josiah K Lessan
Defendant
Director of Land Adjudication & Settlement
Defendant
Ministry of Lands and Physical Planning, County Surveyor Kajiado
Defendant
Registrar of Lands Kajiado
Defendant
Director of Physical Planning, Kajiado County
Defendant
Registrar of Community Land
Defendant
Leperes Ole Kosei
Defendant
Thomas Marimpet
Defendant
Lenkishon Kamiti Sitoyi
Defendant
Keen Ole Nkomiya
Defendant
Rinkoine Kalama
Defendant
Simon Mpute Oloitipitip
Defendant
Loningo Ole Sereka
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Adjournment and Counsel Cessation
Legal Issues
- 1 Whether the 7th to 9th defendants are entitled to an adjournment due to difficulties in reaching their clients.
- 2 Whether counsel for the 7th to 9th defendants should be allowed to cease acting for their clients.
Ratio Decidendi
The court found that the 7th to 9th defendants had been given ample time (over a year) to comply with pretrial directions and prepare for trial but failed to appear or take necessary steps. The court emphasized that the right to be heard is not absolute and is only available to parties who actively participate in the proceedings. Allowing further adjournment would undermine the efficient administration of justice and the purpose of practice directions. Consequently, the court declined both the application for adjournment and the application for counsel to cease acting.
Court Disposition
Application for adjournment and for counsel to cease acting dismissed.
Orders
- Prayer for adjournment by counsel for 7th to 9th defendants is declined.
- Application for counsel for 7th to 9th defendants to cease acting is declined.
Full Case Text
Judgment text and source record
61 paragraphs
Seleka & 4 others v Leturesh & 16 others (Environment & Land Case 341 of 2019) [2023] KEELC 20784 (KLR) (16 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20784 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 341 of 2019
LN Mbugua, J
October 16, 2023
Between
Kasaine Ole Seleka
1st Plaintiff
James Mokoire Moonka
2nd Plaintiff
John Milia Muli
3rd Plaintiff
Kilelo Ole Seita
4th Plaintiff
Manina Rikoyian
5th Plaintiff
and
Daniel Kiria Leturesh
1st Defendant
Elijah Keen Naini
2nd Defendant
Joseph Kipaipai Ntaani
3rd Defendant
Eustace N Kithumbi
4th Defendant
Josiah K Lessan
5th Defendant
Director of Land Adjudication & Settlement
6th Defendant
Ministry of Lands and Physical Planning, County Surveyor Kajiado
7th Defendant
Registrar of Lands Kajiado
8th Defendant
Director of Physical Planning, Kajiado County
9th Defendant
Registrar of Community Land
10th Defendant
Leperes Ole Kosei
11th Defendant
Thomas Marimpet
12th Defendant
Lenkishon Kamiti Sitoyi
13th Defendant
Keen Ole Nkomiya
14th Defendant
Rinkoine Kalama
15th Defendant
Simon Mpute Oloitipitip
16th Defendant
Loningo Ole Sereka
17th Defendant
Ruling
1. This ruling relates to the application for adjournment made by counsel for 7th – 9th defendants on the ground that they have difficulties reaching to their clients. The application is opposed by counsel for plaintiff but is supported by counsel for 1st – 3rd defendants.
2. The records indicate that way back on 26. 7.2022, the matter was in court for Pretrial Directions when counsel Motari for 7th – 9th defendants sought 21 days to comply with order 11. The court gave then 45 days to comply and set the matter down for further Pretrial Direction on 31. 1.2023 in open court. The said defendants never turned up in court again until today.
3. In the case of Virginia Kathambi Maingi v Nicholas Mwatika & 2 others [2021] eKLR, the court had this to say on the issue of Pre trial directions:“practice Directions act as a reflux value to facilitate progress and avoid stagnation in resolution of disputes.”
4. In the case of Moschion v Mwangi (ELC Case No 350 of 2018) [2023] KEELC 17144 (KLR), I stated that the right to be heard is sacrosanct but only available to parties who don’t drive themselves from the seat of justice.
5. The 7th – 9th defendants have heard one year and 3 months (since July 2022) to prepare for the case, but since then, they have never bothered to appear in court for purposes of preparing for the trial. They are not even sure if their pleadings have been duly served.
6. In the circumstances, I decline to allow the prayer for adjournment. On the same breadth, I decline the application for counsel for 7th – 9th defendants to cease acting.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE