Isaiah Mbaabu (suing through athimaba clan), Pasqure Muketha (suing through Athimaba clan) & Ibrahim Karani( Suing through Nkula Clan) v Land & Settlement Officer South District, Attorney General, Kobia Baimuri, Mate Kaberia Baibiri & Paul Solomon Miriti [2017] KEHC 795 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CONSTITUTIONAL PETITION NO. 2 OF 2004

IN THE MATTER OF ALLEGED CONTRAVENTION OF CONSTITUTION RIGHTS FREEDOMS AND GUARANTEES UNDER ARTICLE 22. 40(B) & 47 OF THE CONSTITUTION OF KENYA, 2010

ISAIAH MBAABU (suing through athimaba clan..........................1ST PETITIONER

PASQURE MUKETHA (suing through Athimaba clan.................2nd PETITIONER

IBRAHIM KARANI( Suing through Nkula Clan............................3RD PETITIONER

VERSUS

THE LAND & SETTLEMENT OFFICER SOUTH DISTRICT....1ST RESPONDENT

HON ATTORNEY GENRAL...........................................................2ND RESPONDENT

KOBIA BAIMURI................................................................................3RD RESPONDENT

MATE KABERIA BAIBIRI..................................................................4TH RESPONDENT

PAUL SOLOMON MIRITI.....................................................................5TH RESPONDNET

R U L I N G

On 19. 07. 17 the Court gave directions to the effect that the Ruling on two Preliminary Objections be delivered on 11. 10. 17 Respondents were directed to file Submissions by the close of business on that day.  The submissions filed by the petitioners are in respect of Preliminary Objection of 09:04:2014 and the application of 12. 03. 14.

For the 3rd -4th and 5th Respondent, their Submissions are in respect of the Preliminary Objection of 09:04:14 and the application dated 12. 05. 14.

Against this background, the Court is not able to deliver a ruling. Counsels representing the parties herein are given further clarification.

DELIVERED, SIGNED AND DATED AT MERU THIS 11TH DAY OF OCTOBER 2017 IN THE PRESENCE OF:-

CA: Janet

HON. L.N. MBUGUA

ELC JUDGE