James Muigai Thungu v County Government of Trans-Nzoia, County Executive Officer, Land, Housing & Urban Development & Physical Planner,Trans-Nzoia County [2021] KEELC 2214 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

ELC NO. 31 OF 2015

JAMES MUIGAI THUNGU.......................................................................PLAINTIFF

VERSUS

COUNTY GOVERNMENT OFTRANS-NZOIA..........................1ST DEFENDANT

COUNTY EXECUTIVE OFFICER, LAND,

HOUSING & URBAN DEVELOPMENT.......................................2ND DEFENDANT

PHYSICAL PLANNER,  TRANS-NZOIA COUNTY ..................3RD DEFENDANT

RULING

The Application

1. The application dated 16/2/2021and filed in court on 18/2/2021has been brought under Sections 3Aof theCivil Procedure Act, Order 1 Rule 3, 10(2)and (14)of theCivil Procedure Rules. The 1st defendant seeks the following orders:-

(a) That this application be certified as urgent and heard on a priority basis.

(b) That this honourable court be pleased to join the honourable Attorney General of the Republic of Kenya and the National Land Commission as interested partes to this suit.

(c) Upon the two being joined they be served with all the pleadings herein and be at liberty to file responses to the plaintiff’s suit as they may deem fit.

(d) That this honourable court be pleased to make any other or further directions as they may deem fit.

(e) That costs of this application be provided for.

2. The application is supported by an affidavit sworn on 16/2/2021by the 1st defendant’s counsel.

The Response

3. The plaintiff filed a replying affidavit sworn on 12/4/2021.

Submissions

1. The 1st defendant filed its written submissions on 15/6/2021. The plaintiff filed his written submissions on 16/6/2021.

Determination

2. I have considered the application, the response and the submissions filed the parties. I have already dismissed a similar application dated 16/2/2021 in Kitale ELC No 30 of 2015. The grounds raised in that application are similar to the grounds raised herein. The parties in both suits are the same.

3. I find that the instant application must fail on account of the same reasons this court gave for the application dated 16/2/2021 in Kitale ELC No 30 of 2015.

4. Consequently, the application dated 16/2/2021 in the instant suit is hereby dismissed with costs to the respondent.

Dated, signedanddeliveredatKitale via electronic mail on this 9thday of August, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.