Cheabril (Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased) v Mburugu & 2 others [2022] KEELC 2969 (KLR)

Cheabril (Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased) v Mburugu & 2 others (Environment & Land Case 001 of 2021) [2022] KEELC 2969 (KLR) (23 May 2022) (Ruling)

Neutral citation: [2022] KEELC 2969 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Case 001 of 2021

PM Njoroge, J

May 23, 2022

Between

Marryann Mohamed Cheabril

Plaintiff

Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased

and

Michael Koome Mburugu

1st Defendant

Isiolo County Government

2nd Defendant

Jediel Kirimi Rutere

3rd Defendant

Ruling

1. This case was slated for hearing on 23/5/2022.

2. Just as the first witness was called to testify further, advocate Haji, informed the Court that he represented the National Land Commission which is one for the parties in this case. He told the Court that his Senior, Mr. Maiyo had been handling the matter but had left NLC. He said that he did not have the Court file and that he needed to acclimatise himself with the apposite issues.

3. Although it inconveniences other parties, I find that in The Overarching and overriding Interest of Justice, it is necessary for all parties to be allowed to ventilate their issues.

4. The following orders are issued:a)The National Land Commission is granted 30 days to file and serve its documents.b)By consent, hearing will take place on 19th and 20th September, 2022.

WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 23RD DAY OF MAY, 2022 IN THE PRESENCE OF:HON. JUSTICE P. M. NJOROGEJUDGECourt Assistant: BaloziLakicha for the PlaintiffMwirigi Kaburu for the 1st DefendantKen Muriuki for the 2nd DefendantMurango Mwenda for 3rd DefendantKimathi for the 6th and 7th DefendantHON. JUSTICE P. M. NJOROGEJUDGE