George Mbugua Njuguna, Nicholas Indangasi Maita, Evangeline Nyawira Murage & Patricia W. Chege (Being Registered Officials of Riruta Shade for Orphans Children’s Home v Registered Trustees of World Outreach [2018] KEELC 1950 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

E.L.C. CASE NO. 250 OF 2011

GEORGE MBUGUA NJUGUNA

NICHOLAS INDANGASI MAITA

EVANGELINE NYAWIRA MURAGE

PATRICIA W. CHEGE (Being Registered Officials of

Riruta Shade forOrphans Children’s Home.....................APPLICANTS

VERSUS

REGISTERED TRUSTEES OF WORLD OUTREACH....RESPONDENT

RULING

The Applicants seek to have the Deputy Registrar of this court execute the relevant forms on behalf of the Registered Trustees of World Outreach in respect of Dagoretti/Riruta/S.666 for purposes of effecting a transfer of this land to the Applicants.

The court entered judgement in favour of the Applicant on 29/1/2016 and issued a final decree on 29/3/2016. Patricia W. Chege swore the affidavit in support of the application and deponed that the Applicants’ attempts to trace the Respondent to execute the documents have proved futile.

The Applicants relied on various authorities in support of the position that the court is not functus officio and that it has the inherent jurisdiction to grant the orders sought.

The application dated 31/8/2016 has merit. It is allowed as prayed. There will be no orders as to costs.

Dated and delivered at Nairobi this 30th day of August 2018.

K. BOR

JUDGE

In the presence of: -

Mr. Mwariri for the Plaintiff

Mr. Kimathi Kamencha for the Defendant

Mr. V. Owuor- Court Assistant