Felix Akowa Rabongo v Peter Nyanengo & Migori County Government [2017] KEELC 3847 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MIGORI

ENVIRONMENT AND LAND COURT

ELC MISC NO. 28 OF 2017

FELIX AKOWA RABONGO………………………………….PLAINTIFF

-versus-

PETER NYANENGO……………………………………1ST DEFENDANT

MIGORI COUNTY GOVERNMENT……..…………...2ND DEFENDANT

RULING

1. Mr. Kisia counsel for the Applicant, FELIX AKOWA ROBONGO has made an application to have the Notice of Motion application dated 11/4/2017 marked as abandoned with no orders as to costs.  The main issue sought in the application is the transfer of suit No. 135 of 2014 from Migori Chief Magistrate’s court to the Kisii ELC for want of jurisdiction by the CM’s court.

2. The application has not been served on the Respondents.  It is a fresh application.

3. I note the entire application. I think the application to abandon it is in consonant with Article 159 (2) (b) of the Constitution of Kenya 2010 on expeditious disposal of cases.  I am aware of the jurisdiction conferred upon the Magistrates’ courts to entertain ELC cases; see Civil Appeal No. 287 of 2016 consolidated with Civil Appeal No. 3 of 2017 ( Court of Appeal).

4. The abandonment of the application cannot prejudice the Respondents who have not been served.  I find it merited in the circumstances.

5. I accordingly allow the application by counsel Kisia for the applicant.  The Notice of Motion application dated 11/4/2017 is marked as abandoned with no orders as to costs.

DELIVERED, DATEDand SIGNEDat MIGORI this 7th  day of  November 2017.

G. ONGONDO

JUDGE

In presence of :-

Mr.  Kisia Counsel for the Applicant

Tom Maurice – Court Assistant