[2021] KEELC 152 (KLR)
The court found that several key respondents were absent despite having knowledge of the scheduled directions. To ensure procedural fairness and compliance with the right to be heard, the court directed that the absent respondents be properly served with the orders issued. The court further granted the petitioners...
Source-derived case information.
- Citation
- [2021] KEELC 152 (KLR)
- Parties
- Applicant: Tache Bonsa Gollo; Applicant: Patrick Halake Jaldesa; Applicant: Abdulrazaq Haji Adan; Applicant: Adan Happi Falana; Respondent: Cabinet Secretary, Ministry of Defence; Respondent: Chief of Defence Forces; Respondent: Commander of Army; Respondent: Attorney General; Respondent: Cabinet Secretary for Lands & Physical Planning; Respondent: National Land Commission; Respondent: Meru County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Petition E003 of 2021
- Procedural Posture
- Constitutional Petition / Directions Ruling
- Outcome
- directions issued; timelines set for submissions; service of orders mandated
- Legal Topics
- Land Rights, Service of Process, Directions Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tache Bonsa Gollo
Applicant
Patrick Halake Jaldesa
Applicant
Abdulrazaq Haji Adan
Applicant
Adan Happi Falana
Applicant
Cabinet Secretary, Ministry of Defence
Respondent
Chief of Defence Forces
Respondent
Commander of Army
Respondent
Attorney General
Respondent
Cabinet Secretary for Lands & Physical Planning
Respondent
National Land Commission
Respondent
Meru County Government
Respondent
Procedural Posture
Constitutional Petition / Directions Ruling
Legal Issues
- 1 Whether the absent respondents were properly served with the court's orders and directions.
- 2 Whether the petitioners should be granted time to file and exchange written submissions.
Ratio Decidendi
The court found that several key respondents were absent despite having knowledge of the scheduled directions. To ensure procedural fairness and compliance with the right to be heard, the court directed that the absent respondents be properly served with the orders issued. The court further granted the petitioners 30 days to file and exchange written submissions, with specific instructions on the format and mode of filing. The matter was set for further directions on a specified date, with the expectation that all parties would be properly served and prepared to proceed.
Court Disposition
directions issued; timelines set for submissions; service of orders mandated
Orders
- Petitioners granted 30 days to file and exchange written submissions concerning the petition.
- Submissions to be filed in both hard and soft copies, in word format font 12.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT ISIOLO
PETITION. E003 OF 2021
TACHE BONSA GOLLO…………………………..………1ST PETITIONER
PATRICK HALAKE JALDESA…………………..………2ND PETITIONER
ABDULRAZAQ HAJI ADAN……………………..………3RD PETITIONER
ADAN HAPPI FALANA…………………………….....…..4TH PETITIONER
VERSUS
THE CABINET SEC. MIN. OF DEFENCE……….......…1ST RESPONDENT
CHIEF OF DEFENCE FORCES…..……………......……2ND RESPONDENT
COMMANDER OF ARMY………………………....…….3RD RESPONDENT
THE ATTORNEY GENERAL……………………....……4TH RESPONDENT
CABINET SEC. FOR LANDS &
PHYSICAL PLANNING………………….………….……5TH RESPONDENT
NATIONAL LAND COMMISSION….…………..………..6TH DEFENDANT
MERU COUNTY GOVERNMENT……….………..……7TH RESPONDENT
RULING
1. This is one more unfortunate incident when some of the parties did not come to court despite knowledge that this matter had been listed for directions today. As the 1st, 2nd, 4th, 5th and 6th respondents are key players in this suit, I find it necessary to direct that they properly be served with the orders issued by the court today.
2. The following orders are issued:
1. The petitioners are granted 30 days to file and exchange written submissions concerning the petition.
2. Filing of submissions to be both in hard and soft copies and to be in word format font 12.
3. The petitioners’ advocate is directed to serve upon the absent respondents or their advocates with the orders issued by the court today within 14 days of today.
4. With concurrence of all advocates present, DIRECTIONS on 28/2/2022.
Written and delivered in open court at Isiolo this 20th day of December, 2021 in the presence of:
Court Assistant: Denge
Odhiambo for the petitioners
Ken Muriuki for the 7th respondent
Turorey for the 1st, 2nd, and 3rd respondents.
HON. JUSTICE P. M. NJOROGE
ELC, JUDGE, ISIOLO