Augustine Guya Orire v Chairman of Nyando Land Control Board, John Odoyo Atieno & District Land Registrar, Nyando [2017] KEELC 3393 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KISUMU

CONSTITUTIONAL PETITION CASE NO.1 OF 2017

[FORMERLY HIGH COURT CONSTITUTION PETITION CASE NO. 12 OF 2014]

IN THE MATTER OF ARTICLES 23, 27 (1) AND 40(1) 2 (A) 3 OF THE

CONSTITUTION OF KENYA

AND

IN THE MATTER OF CONTRAVENTION OF RIGHTS AND FREEDOM UNDER

ARTICLES 40 (A) 2(A) 3 OF THE CONSTITUTION OF KENYA

AND

IN THE MATTER OF SECTION 13 (3) OF THE ENVIRONMENT AND

LAND COURT ACT 2011

BETWEEN

AUGUSTINE GUYA ORIRE...................................................................PETITIONER

VERSUS

THE CHAIRMAN OF NYANDO LAND CONTROL BOARD.....1ST RESPONDENT

JOHN ODOYO ATIENO………………………………..…...…2ND RESPONDENT

DISTRICT LAND REGISTRAR, NYANDO…………….….......3RD RESPONDENT

RULING

Having heard counsel for the Petitioner, and the 2nd Respondent and having perused the petition dated 16th July 2014, replying affidavit of the 2nd Respondent sworn 22nd September 2014, and that of S. Lukoko Were, the 3rd Respondent, sworn on 10th February 2015, and noting that the counsel for the petitioner has made an oral application to be be allowed to withdraw the petition, the court orders as follows;

a) That though the 2nd Respondent was enjoined as a party in the petition, there was no specific orders sought that were directed to him. That the 2nd Respondent nevertheless filed his response to the application and he is therefore entitled to costs.

b) That the Petitioner’s counsel application to withdraw the petition is therefore allowed and the Petition dated 16th July 2014, and the notice of motion of even date are herein marked withdrawn with costs to 2nd Respondent.

S.M. KIBUNJA

ENVIRONMENT & LAND – JUDGE

DATED AND DELIVERED THIS 22ND DAY OF MARCH 2017

In presence of;

Petitioner Absent

Respondents 2nd present

Counsel Mr Anyumba for Olel for 2nd Respondent.

S.M. KIBUNJA

ENVIRONMENT & LAND – JUDGE

22/3/2017

S.M. Kibunja judge

Court clerk Oyugi

2nd Respondent present

Mr Anyumba for Mr. Olel for 2nd Respondent

Court: Ruling dated and delivered in open court in presence of the 2nd Respondent and Mr. Anyumba for Olel for 2nd Respondent.

S.M. KIBUNJA

ENVIRONMENT & LAND – JUDGE

22/3/2017