Jamlick Ngai Mukunga (Suing as the Chaiman of Karimamwaro Self Help Group v County Government of Tharaka Nithi,David Gitonga Mwamba (Sued in his Capacity as Chief of Mwonge Location),Principal Secretary Interior and National Coordination & Attorney General [2018] KEELC 3199 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC CASE NO 222 OF 2017

JAMLICK NGAI MUKUNGA (SUING AS THE CHAIMAN

OF KARIMAMWARO SELF HELP GROUP.............................PLAINTIFF

VERSUS

COUNTY GOVERNMENT OF THARAKA NITHI........1ST DEFENDANT

DAVID GITONGA MWAMBA (SUED IN HIS

CAPACITY AS CHIEF OF MWONGE LOCATION).....2ND DEFENDANT

PRINCIPAL SECRETARY

INTERIOR AND NATIONAL COORDINATION...........3RD DEFENDANT

THE ATTORNEY GENERAL............................................4TH DEFENDANT

RULING

1. At the instigation of the plaintiff’s advocate, this matter came up for mention for directions on 29th May, 2018.

2. It would seem that the purpose of the intended directions was to give a date for formal proof proceedings. As the plaintiffs and their advocate were not in court, this will remain just conjecture.

3. I direct that the interlocutory judgment be served by the plaintiffs upon all the defendants before the matter comes up again for directions before a judicial officer in the lower courts.

4. Having perused the pleadings, it is pellucid that this matter can be heard and determined in the lower courts. In the circumstances, this suit is transferred to CM’s Court Chuka tobe heard by any judicial officer who has the apposite pecuniary jurisdiction.

5. It is so ordered.

Delivered in open court at Chuka this 30th day of May, 2018

in the presence of :

CA: Ndegwa

Momanyi Gichuki for the plaintiffs – present

David Gitonga Mwamba – 2nd defendant present

P. M. NJOROGE,

JUDGE.