David Keli Kiilu, Brown Ondego, Isaac Njogu & Nelson N. Ng’ombe (suing as the Registered Trustees of the Agricultural Society of Kenya) v County Government of Meru [2018] KEELC 2691 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC CASE NO. 169 OF 2008 AS CONSOLIDATED WITH

ELC NO. 44 OF 2015

DAVID KELI KIILU

BROWN ONDEGO

ISAAC NJOGU

NELSON N. NG’OMBE

(suing as the Registered Trustees of the Agricultural Society of Kenya) ......PLAINTIFF

VERSUS

COUNTY GOVERNMENT OF MERU.........................DEFENDANT/RESPONDENT

RULING

1.  The application dated 7. 3.2018 is seeking the following orders;

(i) Spent.

(ii)  That pending the ruling on the plaintiff’s motion dated 22. 6.2015, this honourable court be pleased to review, vary or set aside its order issued on 30. 7.2015 stopping the plaintiff from continuing with any new developments on the suit land or the completion of any uncompleted constructions and accordingly allow the plaintiff to renovate the Meru Showground and make temporary structures on the suit land which its condition has deteriorated in preparation of the Meru Agricultural show which is due to start on 6. 6.2018.

(iii) That upon granting the above order, this honourable court be pleased to set ruling date on the plaintiffs motion dated 22. 6.2015.

(iv) That this honourable court be pleased to make any further orders and relief as it may deem fit and just in the circumstances

(v) That the costs of this application be provided for.

2.  Upon hearing the arguments by the applicant’s counsel, I proceed to give orders as follows;  the application of 7. 3.2018 is allowed in the following terms;

(a) The application is allowed partially for the applicant to continue with the developments with a view to conducting the agricultural shows only.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 10th DAY OF MAY, 2018

HON. L. N. MBUGUA

ELC JUDGE