[2018] KEELC 3986 (KLR)
The court found that the 12th Interested Party demonstrated sufficient interest in the subject matter of the petition and that her participation is necessary for the just determination of the issues before the court. Accordingly, the court exercised its discretion to grant leave for the 12th Interested Party to be...
Source-derived case information.
- Citation
- [2018] KEELC 3986 (KLR)
- Parties
- Petitioner: Michael Bett Siror; Respondent: National Land Commission; Respondent: The Hon Attorney General; Respondent: Stephen Sugut; Respondent: Jeremiah Cheruiyot; Respondent: Jackson Koech; Respondent: Joseph Mitei; Respondent: Raphael Koech; Respondent: Kipkemoi Ruto; Respondent: Paul K. Ruto; Respondent: K. Keter; Respondent: Benjamin Tirop; Respondent: Kimutai Ngeny; Respondent: Cheruiyot Chepkwony; Applicant: Veronica Chepchor; Interested Party: Rosebella Maiyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 5 of 2017
- Procedural Posture
- Constitutional Petition / Ruling on Application for Leave to Be Enjoined and File Response
- Outcome
- Application allowed. Leave granted to the 12th Interested Party to be enjoined and to file a response within 14 days.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Leave to File Response, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Bett Siror
Petitioner
National Land Commission
Respondent
The Hon Attorney General
Respondent
Stephen Sugut
Respondent
Jeremiah Cheruiyot
Respondent
Jackson Koech
Respondent
Joseph Mitei
Respondent
Raphael Koech
Respondent
Kipkemoi Ruto
Respondent
Paul K. Ruto
Respondent
K. Keter
Respondent
Benjamin Tirop
Respondent
Kimutai Ngeny
Respondent
Cheruiyot Chepkwony
Respondent
Veronica Chepchor
Applicant
Rosebella Maiyo
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Application for Leave to Be Enjoined and File Response
Legal Issues
- 1 Whether the 12th Interested Party should be granted leave to be enjoined in the petition and file a response.
Ratio Decidendi
The court found that the 12th Interested Party demonstrated sufficient interest in the subject matter of the petition and that her participation is necessary for the just determination of the issues before the court. Accordingly, the court exercised its discretion to grant leave for the 12th Interested Party to be enjoined and to file a response within 14 days.
Court Disposition
Application allowed. Leave granted to the 12th Interested Party to be enjoined and to file a response within 14 days.
Orders
- The 12th Interested Party is granted leave to come on record and file a response to the petition within 14 days of this order.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
ELC. PET NO. 5 OF 2017
MICHAEL BETT SIROR...............................................................PETITIONER
VERSUS
NATIONAL LAND COMMISSION.....................................1ST RESPONDENT
THE HON ATTORNEY GENERAL....................................2ND RESPONDENT
STEPHEN SUGUT
JEREMIAH CHERUIYOT
JACKSON KOECH
JOSEPH MITEI
RAPHAEL KOECH
KIPKEMOI RUTO
PAUL K. RUTO
K. KETER
BENJAMIN TIROP
KIMUTAI NGENY
CHERUIYOT CHEPKWONY
VERONICA CHEPCHOR...............12TH INTERESTED PARTY/APPLICANT
ROSEBELLA MAIYO...................................................INTERESTED PARTIES
R U L I N G - (13/2/2018)
1. The applicant is named as the 12th Interested Party. The court has granted the existing Interested Parties the chance to file responses before. The 12th Interested Party is hereby granted leave to come on record and file a response to the petition herein within 14 days of this order.
Dated, signed and delivered at Kitale on this 13th day of February, 2018.
MWANGI NJOROGE
JUDGE
COURT
Ruling read in open court in the presence of Ms. Bukachi for the Applicant.
MWANGI NJOROGE
JUDGE
13/2/2018