Desderio Willis Mbaka, Wilfred Micheni Njue, Justus Mutharaka, Japhet Kirimo Nthigai, Dorothy Cianduru Justin, Selesio Mwikamba, Jedida Kagendo Njeru, Ashford Nkari & Micheni Stanley v Presbyterian Foundation, P.C.E.A. Kambandi Parish & Simon Kiema [2017] KEELC 2327 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC CASE NO 108 OF 2017

FORMERLY CHUKA HCCA NO. 32 OF 2015

FORMERLY MERU HCCA CASE NO. 7 OF 2009

DESDERIO WILLIS MBAKA.......................................1ST APPELLANT

WILFRED MICHENI NJUE..........................................2ND APPELLANT

JUSTUS MUTHARAKA..............................................3RD APPELLANT

JAPHET KIRIMO NTHIGAI..........................................4TH APPELLANT

DOROTHY  CIANDURU JUSTIN.................................5TH APPELLANT

SELESIO MWIKAMBA................................................6TH APPELLANT

JEDIDA KAGENDO NJERU.........................................7TH APPELLANT

ASHFORD NKARI.........................................................8TH APPELLANT

MICHENI STANLEY.......................................................9TH APPELLANT

VERSUS

THE PRESBYTERIAN FOUNDATION......................1ST RESPONDENT

THE P.C.E.A. KAMBANDI PARISH..........................2ND RESPONDENT

SIMON KIEMA...........................................................3RD RESPONDENT

RULING

1. Parties were to come to court on 10. 7.2017 to show cause why the suit should not be dismissed for want of prosecution.

2. The Appellants and their advocate, Mark Muriithi, were in court. The defendants and their advocates were not in court.

3. Mr. Muriithi explained to court that when a High Court Station was established at Chuka, the file for this suit was erroneously sent to Chuka which did not have an ELC Court. He told the court that he had filed an application dated 7. 11. 2016 seeking the file to be returned to Meru since Chuka did not have an ELC Court.

4. I find that the appellants have shown to the satisfaction of the court that this suit should NOT be dismissed.

5. The appellants are ordered to file and exchange their written submissions within 21 days of today and the respondents are to do so within 21 days after receipt of the appellants’ written submissions.

6. The advocate for the appellant to serve upon the advocate’s for the respondents the orders issued by the court today within 10 days of today.

7. Costs shall be in the cause.

8. Directions on 26. 9.2017.

9. It is so ordered.

Delivered in open court at Chuka this 10th day of July, 2017 in the presence of:

CA: Ndegwa

Muriithi for the Appellants

P. M. NJOROGE

JUDGE