John Kamakia Nthatu v Head Teacher Karii Kamburi Primary School & Attorney General [2017] KEELC 720 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC MISCELLANEOUS APPLICATION CASE NO  16 OF 2017

FORMERLY CHUKA CM’S COURT MISC CIVIL APPLICATION NO. 5/2015

JOHN KAMAKIA NTHATU..........................................................................APPLICANT

VERSUS

THE HEAD TEACHER KARII KAMBURI PRIMARY SCHOOL....1ST RESPONDENT

THE HON. ATTORNEY GENERAL................................................2ND RESPONDENT

RULING

1. This application is dated 26th October, 2016 and seeks orders:

1. That this honourable court be pleased to transfer NKUBU SENIOR PRINCIPAL MAGISTRATES’ CIVIL SUIT NO. 26 OF 2011 to Chuka Law Courts for hearing and determination.

2. That costs be provided for.

2. The application has the following grounds:

a) That the applicant sued the respondents in NKUBU SENIOR PRINCIPAL MAGISTRATES’ CIVIL SUIT NO.26 OF 2011.

b) That the said suit was filed in a court of competent jurisdiction.

c) That on the 9. 7.2014 the honourable magistrate in Nkubu opined that the suit be transferred from Nkubu to Tharaka Nithi County for hearing and determination.

d) That this honourable court has both geographical and pecuniary jurisdiction to hear and determine the said civil suit.

3. I have considered the pleadings filed in this application. I opine that transferring Nkubu Senior Principal Magistrates’ Civil Suit NO. 26 of 2011 to Chuka Law Courts for hearing and determination will not be negatively detrimental to any of the parties.

4. In the circumstances, I order as follows:

This suit is transferred to Chuka Law Courts for hearing and determination.

Delivered in open court at Chuka this 6th day of December, 2017 in the presence of:

CA: Ndegwa

Parties absent

P.M. NJOROGE

JUDGE