Alex Kadenge Mwendwa v National Land Commission, Attorney General & Kenya National Highways Authority [2018] KEELC 491 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC JUDICIAL REVIEW NO 55 OF 2018

ALEX KADENGE MWENDWA....................................................APPLICANT

=VERSUS=

THE NATIONAL LAND COMMISSION.........................1ST  RESPONDENT

THE HON. ATTORNEY GENERAL................................2ND  RESPONDENT

THE KENYA NATIONAL HIGHWAYS AUTHORITY...3RD RESPONDENT

RULING

1. This is the Ex parte Chamber Summons dated 30th August 2018 brought under Section 8 and 9 of the Law Reform Act, Order 53 Rule 1 and 2 of the Civil Procedure Rules and all enabling provisions of the law.

2. I have considered the said chamber summons, the prayers sought and the grounds upon which it is brought, I have considered the verifying affidavit of Alex Kadenge Mwendwa sworn on the 30th August 2018.

3. I have also considered the respective grounds of opposition filed on behalf of the 1st, 2nd and 3rd respondents.

4. The Ex parte Applicant admits that full and partial payments have been made with respect to the properties acquired under Section 125 of the Land Act 2012.

5. I find that it would not be in the interest of justice to order that leave do operate as stay as the Exparte Applicant has already received partial compensation.

6. I hereby grant the following directions:-

(i)Leave is hereby granted in the circumstances.

(ii) The Exparte Applicant do file and serve substantive motion within the next twenty (21) days from the date hereof.

(iii) The issue of stay be canvassed in the main application.

(iv) Costs be in the cause.

It is so ordered.

Dated, signed and delivered in Nairobi on this 11TH day of DECEMBER 2018

..........................

L. KOMINGOI

JUDGE

In the presence of:-

.................................Advocate for the Applicant

.............................Advocate for the Respondents

....................................................Court Assistant