George Maiti Atobi,Peter Mugendi,Jacob Mionki Itabara, Mithika M'Mungania, Jediel Akula Mioro, Joshua Baariu & Mungathia Mwirichia v Eunice Karema Kaberia, Minister for Trade and Commerce Meru County Government, Governor Meru County & Attorney General [2015] KEHC 3302 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CONSTITUTIONAL PETITION NO 42B OF 2014

IN THE MATTER OF ALLEGED CONTRAVENTION AND INFRINGEMENT OF CONSTITUTIONAL RIGHTS UNDER ARTICLE 40, 50,OF THE CONSTITUTION OF KENYA

BETWEEN

GEORGE MAITI ATOBI............................1ST PETITIONER/APPLICANT

PETER MUGENDI....................................... 2ND PETITIONER/APPLICANT

JACOB MIONKI ITABARA......................3RD PETITIONER/APPLICANT

MITHIKA M'MUNGANIA …....................4TH PETITIONER/APPLICANT

JEDIEL AKULA MIORO............................5TH PETITIONER/APPLICANT

JOSHUA BAARIU......................................6TH PETITIONER/APPLICANT

MUNGATHIA MWIRICHIA.......................7TH PETITIONER/APPLICANT

AND

EUNICE KAREMA KABERIA ….........................1ST RESPONDENT

MINISTER FOR TRADE AND COMMERCE

MERU COUNTY GOVERMENT.............................2ND RESPONDENT

THE GOVERNOR MERU COUNTY......................3RD RESPONDENT

HONOURABLE ATTORNEY GENERAL..............4TH RESPONDENT

R U L I N G

On 28/07/2015, the parties in this matter proffered a Consent which they wanted the Court to adopt as its order.  The Consent is signed by Mr. Leonard K. Ondari for the Petitioners and by Mr. Thuranira Atheru for the Respondents.  The Consent is dated 28/07/2015.  The Consent is in the following terms:-

“By consent:

The Petitioner's Applications dated 16th December 2014, and 29th June, 2015 both be dispensed with.

The Respondents do cease any constructions on Muringene Ultra Modern Market and the garbage receptacle which is now on the 11th course forthwith pending the hearing and determination of this Petition.

The Petitioners do file written Submissions in respect of the Petition within 21 days.

The Respondents do file their written Submissions within 21 days of service by the Petitioners.

Matter be mentioned to confirm filing of submissions and further directions.

The consent is adopted as an order of this Court.

It is so ordered.

Delivered in Open Court at Meru this 28th day of July, 2015in the presence of:-

CC: Lilian

Leonard K. Ondari for the Petitioners

Thuranira Atheru for the Respondents.

P.M.NJOROGE

JUDGE