[2019] KEELC 3501 (KLR)
The court determined that, in the interest of justice and public interest, all respondents, including the Attorney General and the National Land Commission, must be properly served with the court's orders and the 1st respondent's submissions. This ensures that all parties have an opportunity to respond to the...
Source-derived case information.
- Citation
- [2019] KEELC 3501 (KLR)
- Parties
- Applicant: Stanley Mutegi G. Muguongo; Applicant: Lameck Mati Edward (Suing as Legal Representative of Edward Rutere); Applicant: Kanamiu M’Murithi Kaburi; Applicant: Justus Karuki Munyua; Respondent: County Government of Tharaka Nithi; Respondent: The Attorney General; Respondent: The National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 01 of 2018
- Procedural Posture
- Constitutional Petition / Directions Before Judgment
- Outcome
- directions issued; further submissions and responses allowed
- Judges
- FM Njoroge
- Legal Topics
- Service of Process, Filing of Authorities, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Mutegi G. Muguongo
Applicant
Lameck Mati Edward (Suing as Legal Representative of Edward Rutere)
Applicant
Kanamiu M’Murithi Kaburi
Applicant
Justus Karuki Munyua
Applicant
County Government of Tharaka Nithi
Respondent
The Attorney General
Respondent
The National Land Commission
Respondent
Procedural Posture
Constitutional Petition / Directions Before Judgment
Legal Issues
- 1 Whether all respondents have been properly served and given an opportunity to respond to the petition.
- 2 Whether the 1st respondent should be allowed to file additional authorities.
- 3 Whether directions should be given for further submissions and attendance of counsel.
Ratio Decidendi
The court determined that, in the interest of justice and public interest, all respondents, including the Attorney General and the National Land Commission, must be properly served with the court's orders and the 1st respondent's submissions. This ensures that all parties have an opportunity to respond to the petition and file their submissions before the matter is set down for judgment. The court also allowed the 1st respondent to file additional authorities and directed the petitioners to ensure their advocate attends court for further directions. These steps are necessary to uphold the right to a fair hearing and due process.
Court Disposition
directions issued; further submissions and responses allowed
Orders
- The 1st respondent is allowed to file its authorities.
- The 1st respondent is directed to serve upon the Attorney General and the National Land Commission with their responses to the petition and the submissions they have filed within the next 14 days.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC PETITION CASE NO. 01 OF 2018
STANLEY MUTEGI G. MUGUONGO...........................................1ST PETITIONER
LAMECK MATI EDWARD
(SUING AS LEGAL REPRESENTATIVE
OF EDWARD RUTERE..................................................................2ND PETITIONER
KANAMIU M’MURITHI KABURI..............................................3RD PETITIONER
JUSTUS KARUKI MUNYUA........................................................4TH PETITIONER
VERSUS
COUNTY GOVERNMENT OF THARAKA NITHI.................1ST RESPONDENT
THE ATTORNEY GENERAL....................................................2ND RESPONDENT
THE NATIONAL LAND COMMISSION..................................3RD RESPONDENT
RULING
1. This matter came up for directions concerning the fixing of the date for judgment. The petitioners asked the court to give them another mention date so that they can seek the attendance of Mr. Mwirigi Kaburu, their advocate.
2. Mr. Nyamu Nyaga, the 1st respondent’s advocate asked the court to allow him to file apposite authorities.
3. I find it necessary, in the interest of justice and in the public interest, to have the AG and the National Land Commission served with the orders issued by the court today to enable them, if they find it necessary, to respond to the petition and to file submissions.
4. I issue the following orders:
1. The 1st respondent is allowed to file its authorities.
2. The 1st respondent is directed to serve upon the AG and the National Land Commission with their responses to the petition and the submissions they have filed in respect thereof within the next 14 days.
3. The AG and the National Land Commission are allowed to file responses and submissions within 14 days after receipt of service upon them of the orders issued by the court today.
4. The petitioners who are in court today are directed to ask their advocate to come to court for directions on 7th May, 2019.
5. It is so ordered.
Delivered in open Court at Chuka this 25th day of March, 2019 in the presence of:
Nyamu Nyaga for 1st Respondent
1st, 2nd and 3rd Petitioners present
P.M. NJOROGE
JUDGE