Chebril(Suing as the administrator of the Estate of Asha Jabril Mohammed (Deceased) v Mburugu & 6 others [2023] KEELC 18518 (KLR)

Chebril(Suing as the administrator of the Estate of Asha Jabril Mohammed (Deceased) v Mburugu & 6 others (Environment & Land Miscellaneous Case 001 of 2021) [2023] KEELC 18518 (KLR) (4 July 2023) (Ruling)

Neutral citation: [2023] KEELC 18518 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Miscellaneous Case 001 of 2021

PM Njoroge, J

July 4, 2023

Between

Maryann Mohammed Chebril(Suing as the administrator of the Estate of Asha Jabril Mohammed (Deceased)

Plaintiff

and

Michael Koome Mburugu

1st Defendant

Isiolo County Government

2nd Defendant

Jediel Kirimi Rutere

3rd Defendant

Chief Land Registrar

4th Defendant

The National Land Commission

5th Defendant

The Director Of Survey

6th Defendant

The Attorney General

7th Defendant

Ruling

1. This short ruling concerns an oral application which objected to the production of 2 documents by the 3rd defendant. The documents were minutes of the meeting of the Isiolo County Council Works Town Planning and Works Committee held on October 28, 1992 and a letter date October 24, 1997 addressed by the Isiolo County Council to the 3rd defendant.

2. Advocate Lakicha argued that the minutes were not signed by the Chairman and were not signed. He also said that in view of the fact that the letter dated 24/10/1997 was signed by the same person who had signed the impugned minutes, Mr Lakicha opined that this raised suspicions. He asked that the makers of the 2 documents or someone with knowledge of the matters concerned at Isiolo County Government be summoned to produce the 2 documents.

3. Advocate Murango Mwenda for the 3rd defendant opposed the objection. He told the court that the said documents were public documents as envisaged by section 82 of the Evidence Act.

4. Upon consideration of this matter, I find it in the interest justice for the said documents to be produced by the maker, if he is still available, or by another officer of the Isiolo County Government.

5. In the circumstances, the following orders are issued;a.Summons is hereby issued directed to Isiolo County Government to provide a responsible officer to come to court on July 17, 2023 to produce the Minutes of the Works Town Planning and Works Committee Meeting held on October 28, 1992 and to produce a letter dated October 24, 1997 addressed to the 3rd defendant.b.The 3rd defendant’s advocate is directed to serve summons upon the County Government of Isiolo and, if possible, to identify in the summons the officer who will come to court to produce the apposite documents.c.Costs shall be in the cause.d.Further hearing on 26/7/2023.

DELIVERED IN OPEN COURT AT ISIOLO THIS 4TH DAY OF JULY, 2023HON. JUSTICE P.M NJOROGEJUDGE