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, Pcea Kambandi Parish & Simon Kiema [2017] KEELC 615 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CIVIL APPEAL 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. On 5. 12. 2017 when this matter came for directions, the 9th Appellant, Micheni Stanley, told the court that he never gave his authority to be an appellant in this appeal. He went on to say that he was satisfied with the lower court’s decision as he felt that the community would benefit from the dispensary which is already being run by the government. It was his feeling that this appeal is not necessary as all the committee craved for in the lower court was for the government to run the apposite dispensary.

2. Mr.Muriithi, the appellant’s advocate told the court that he did not oppose removal of Micheni Stanley, the 9th Appellant, from the Appeal.

3. In the circumstances, the 9th Appellant, Micheni Stanley is removed from the Appeal.

4. No costs are awarded.

5. It is so ordered.

Delivered in open court at Chuka this 5th day of  December, 2017 in the presence of:

CA: Ndegwa

Mark Muriithi for the Appellants

Micheni Stanley – 9th Appellant

P.M. NJOROGE

JUDGE