Fredrick Wekesa Machasio & another v Assistant County Commissioner Webuye, Land Registrar Bungoma & County Surveyor [2020] KEELC 1698 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT BUNGOMA

ELC MISCELLENOUS APPLICATION NO. 7 OF 2020

FREDRICK WEKESA MACHASIO........................................................1ST APPLICANT

PATRICK WANJALA MACHASIO........................................................2ND APPLICANT

VERSUS

THE ASSISTANT COUNTYCOMMISSIONER WEBUYE................1ST RESPONDENT

THE LAND REGISTRAR BUNGOMA..............................................2ND RESPONDENT

THE COUNTY SURVEYOR................................................................3RD RESPONDENT

29th June 2020

Coram:  B. N. Olao JUDGE

(in chambers)

R U L I N G

The Chamber Summons application dated 5th March 2020 was scheduled for hearing on 31st March 2020.  It was however caught up in the lock – down that followed the onset of the COVID – 19 pandemic.  It has been brought up - to-day.

Having perused the same, I make the following orders: -

1. Leave is hereby granted to the Applicants to commence Judicial Review proceedings in terms of prayer NO 2 thereof.

2. The leave shall operate as a stay of the cancellation of the titles NO NDIVISI/MUCHI/10442, 10443 and 10444 by the 2nd and 3rd Respondents.

3. The substantive application be filed and served upon the Respondents and any interested parties within 21 days from to-day.

4. The Respondents and any interested parties shall have 14 days from the date of service upon them of the substantive Notice of Motion to file and serve their responses.

5. Further directions as to mode of hearing shall be given on 21st September 2020.

Boaz N. Olao.

J U D G E

29th June 2020