Chuka Igamba Ng’ombe Development Association v County Government of Tharaka Nithi [2019] KEELC 1009 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 16  OF 2019

CHUKA IGAMBA NG’OMBE DEVELOPMENT ASSOCIATION......................PLAINTIFF

VERSUS

COUNTY GOVERNMENT OF THARAKA NITHI............................................DEFENDANT

RULING

1.  This ruling concerns directions regarding a report filed by the County Commissioner, Tharaka Nithi County, following an order of this court.

2.  Mr. Kirimi, for the plaintiff, and Mr. Gitari, for the defendant, told the court that the parties had “agreed” and “contentious issues”.

3.  Having heard the parties, I issue the following orders/Directions:

(i)   As there is no stay of the proceedings by the Court of Appeal, the defendant is directed to fully comply with Order 11 of the Civil Procedure Rules latest by 19th November, 2019 as was directed by this court on 22nd October, 2019.

(ii) The advocates representing the parties are to file “agreed issues” and “contentious issues” by 18th November, 2019.

(iii)As directed on 22nd October, 2019, the main suit will be heard on 3rd and 4th December, 2019.

(iv)  Parties will come to court for directions on 19th November, 2019.

(v)  Extant interim orders are extended in terms of section 63, CPA, pending hearing of any unheard interlocutory applications or further orders of the court.

Delivered in open Court at Chuka this 6th day of November, 2019 in the presence of:

CA: Ndegwa

Kirimi Muturi for the plaintiff

Lilian Kiruja and Muthomi Gitari h/b Kibira for the defendant

P. M. NJOROGE,

JUDGE.