Gatobu & another v Kinuthia & another [2023] KEELC 20728 (KLR)

Gatobu & another v Kinuthia & another (Environment & Land Petition 1 of 2022) [2023] KEELC 20728 (KLR) (16 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20728 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Petition 1 of 2022

PM Njoroge, J

October 16, 2023

Between

Mercy Nguta Gatobu

1st Petitioner

Cyprian Kaume

2nd Petitioner

and

Leonard Kiarie Kinuthia

1st Respondent

The County Government of Isiolo

2nd Respondent

Ruling

1. This application is dated 19/16/2023 and seeks the following orders:1. That the Advocate now on record for the 2nd Respondent, Messr. Mbaabu M’Inoti & Co. Advocates be granted leave to cease acting for the 2nd Respondent herein.2. That the costs of this application be provided for.

2. The application is supported by the affidavit of Kelvin M. Mbaabu sworn on 19/6/2023 and has the following grounds;1. That the 2nd Respondent has failed to furnish the requisite instructions to his Advocates now on record, in order to facilitate the hearing and determination of this case.2. That accordingly, the Advocates are unable to proceed further with this matter and it is only fair and equitable for the firm to be granted leave to cease acting on behalf of the 2nd Respondent.

3. When the application was heard on 16/10/2023, it was not opposed.

4. In the circumstances, the following orders are issued;a.The application is allowed.b.I issue no order as to costs.

DELIVERED IN OPEN COURT AT ISIOLO THIS 16TH DAY OF OCTOBER, 2023 IN THE PRESENCE OF:HON. JUSTICE P.M NJOROGEJUDGE