Attorney General v Isaiah Muturi Mucee [2019] KEELC 3586 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC PETITION CASE NO. 02  OF 2018

IN THE MATTER OF ARTICLES 20, 21, 22, 13 AND 165 (3) (B) OF THE CONSTITUTION OF KENYA 2010

AND

IN THE MATTER OF ARTICLES 1 (1), 40, 42, 53 AND 156(6) OF THE CONSTITUTION OF KENYA 2010

AND

IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013

AND

IN THE MATTER OF SECTIONS 3, 4 (3) AND 13 OF THE ENVIRONMENT AND LAND COURT ACT NO. 19 OF 2011

BETWEEN

THE HON. ATTORNEY GENERAL.....PETITIONER/APPLICANT

VERSUS

ISAIAH MUTURI MUCEE.........................................RESPONDENT

RULING

1. This ruling concerns an oral application for issuance of summons for the District Land Adjudication and Settlement Officer (DLASO) Tharaka South and North Sub-counties to come to court to present his report dated 9th January, 2019. The respondent Isaiah Mucee opposed the application.

2.  It is noted that the apposite report was written and filed pursuant to a court order.

3.  In the circumstances, the prayer for the District Land Adjudication and Settlement Officer (DLASO) to present his report to court is allowed.

4.  An order is hereby given that Summons do issue for Zablon Mwangi, the District Land Adjudication and Settlement Officer, Tharaka South and North sub-counties to come to court on 21st May, 2019 to explain his report dated 9th January, 2019

Delivered in open court at Chuka this 6th day of May, 2019 in the presence of:

CA: Ndegwa

Kiongo for the Petitioner

Isaiah Muturi Mucee - Respondent

P.M. NJOROGE

JUDGE