Fredrick Njoroge, Peter Gacheru & Stephen Nganga Njoroge v Francis Maingi Njoroge & Mary Wairimu Karuigi [2018] KEELC 403 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC CASE NO. 986 OF 1997

FREDRICK NJOROGE..............................................1ST PLAINTIFF/APPLICANT

PETER GACHERU....................................................2ND PLAINTIFF/APPLICANT

STEPHEN NGANGA NJOROGE..............................3RD PLAINTIFF/APPLICANT

VERSUS

FRANCIS MAINGI NJOROGE..........................1ST DEFENDANT/RESPONDENT

MARY WAIRIMU KARUIGI.............................2ND DEFENDANT/RESPONDENT

DIRECTIONS

1.  I have gone through the court record on 31st July 2017 the Notice of Motion dated 28th July 2017 was certified as urgent and fixed for hearing on 27th September 2017.  On 27th September 2017 the matter came up before Hon. Lady Justice Gitumbi but neither party/counsel appeared.  The matter was then fixed for mention on 9th April 2018.

2.    On 16th July 2018, the matter came up for mention.  Mr. Ochieng, held brief for Mrs Wangombe for the defendant and Mr. Mabach held brief for Mr. Kamwenda for the plaintiff.  Mr. Ochieng informed the court that both parties had filed written submissions in respect of the notice of motion dated 28th July 2017.  The court then set a date for ruling.

3.    I have perused the said application in which the plaintiffs/applicants seeks to prevent the interment of the remains of one James Karwege  (deceased) on Parcel No. Kiambaa/Waguthu/1609 on 1st August 2017 or on any other day.

4.    It appears to me that the application has been overtaken by events given that the alleged event was to take place a year ago.  In the circumstances it would not be in the interest of justice to write the ruling in respect of the notice of motion dated 28th July 2017.  Instead the parties should take steps to ensure the main suit is set down for hearing at the earliest opportunity.

It is so ordered.

Dated, signed and delivered in Nairobi on this 29TH day of NOVEMBER 2018

……………………….

L. KOMINGOI

JUDGE

In the presence of:-

……………………………………………………………….Advocate for Plaintiffs

……………………………………………………………..Advocate for Defendants

……………………………………………….………………………Court Assistant