Game v County Government of Marsabit & 5 others [2022] KEELC 3397 (KLR)

Game v County Government of Marsabit & 5 others (Environment and Land Case Civil Suit E001 of 2021) [2022] KEELC 3397 (KLR) (23 May 2022) (Ruling)

Neutral citation: [2022] KEELC 3397 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment and Land Case Civil Suit E001 of 2021

PM Njoroge, J

May 23, 2022

Between

Mary Game

Appellant

and

County Government of Marsabit

1st Respondent

National Land Commission

2nd Respondent

Galgalo Barile

3rd Respondent

Boku Gufu

4th Respondent

Habiba Bokayo

5th Respondent

Attorney General

6th Respondent

Ruling

1. This is an application that sought the transfer of a suit from the Magistrate’s Court at Meru to the Isiolo ELC Court.

2. Advocate Nyenyire told the court that the application had been overtaken by events as all Meru files concerning matters in Isiolo county had been sent to Isiolo. He wanted the matter to rest there.

3. I do not agree. Leaving the matter in abeyance will merely contribute to the suit not being heard expeditiously. It is, therefore, necessary for the application to be canvassed by the parties.

4. I issue the following orders:a.The applicant is directed to file and serve written submission and serve written submission within 21 days of today.b.The respondent will file and serve written submissions within 21 days after receipts of the applicant’s submissions.c.Parties will come to court to take directions on July 11, 2022.

Written and Delivered in Open Court at Isiolo this 23rd day of May, 2022 in the presence of:Court Assistant: BaloziNyenyire for the AppellantHON. P. M. NJOROGEJUDGE