Attorney General v Isaiah Muturi Mucee [2019] KEELC 3920 (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.  When this matter came up for directions, the court was informed that the report by the Land Adjudication and Settlement Officer, Tharaka South/North Sub County, had been filed.

2.  The respondent, Isaiah Muturi Mucee, vehemently disputed the accuracy of the apposite report. He orally made an application for the court to visit the subject land.

3.  I issue the following orders:

a)  This petition be heard on 6th May, 2019.

b)  Parties to raise pertinent issues during the hearing.

Delivered in open Court at Chuka this 3rd day of April, 2019 in the presence of:

CA: Ndegwa

Kiongo for the Petitioner

Isaiah Muturi Mucee - Respondent

P.M. NJOROGE

JUDGE